Sold car, buyer wants to return it

[SabreSheep]

Id almost be tempted to reply

 

" After taking Advice, I am unable to agree to your reasoning and consider your legal arguments flawed.

 

I find your case without merit and will put you to strict proof that misrepresentation occurred should you decide to litigate.

 

I will also put to the judge should you litigate that this claim is vexatious and without merit and will requests a costs hearing to recoup any expense incurred defending any litigation."

[F1fan]

He sounds like a chancer that is trying to bully you into giving a refund.

My reply would be along the lines of the following,

 

Dear X,

 

I purchased the car on [date] in good faith, I had no knowledge of the car being accident damaged as you claim at that time or prior to selling it on to you. Indeed the accident damage you claim predates my ownership of the car.

 

I made no verbal or written claims positively or negatively about any accident damage to the car prior to your purchase. I have not misrepresented the car.

 

As an individual selling my personal car and not a motor trader I cannot be expected to be an expert on the condition of the car. This is a 10 year old car and I pointed out the faults I was aware of the advert. I sold you the car described accurately to the full extent of my knowledge and ability. The car came with a nearly new MOT certificate until [date] which to my knowledge means it was roadworthy at that time. You test drove and had sufficient opportunity to perform further tests to the car before purchase to satisfy yourself of the condition.

 

I deny your claim I have broken any contract. I sold you the vehicle as described for [sum] and you are now in possession of it. I made no claims I knew to be false claims about the car at any stage.

 

I'm sorry you are unhappy with the car but I am unwilling and unable to assist you further and do not wish to enter into further communications about this matter.

 

Any claim issued in the County Court will be defended vigourously.

[j66]

How can you fail to disclose a fact about the car of which you were unaware. Can you do a HPI check on it now that discloses the HPI check history?, this would show that you did not do a check on it and go some way to prove that you were unaware that it was a Cat D.

 

You could also point out to the buyer that these checks are usually done before purchase so that they don't end up in this situation.

[king12345]

He's made the gross mistake of not doing an hpi check BEFORE buying the car.

As all others have pointed out you were not aware that your car was a cat D, and in any case you're not a trader, so he's stuffed.

I too think that he's just changed his mind and bought the car without thinking.

Maybe he's realised that a 3.3L will be very thirsty and wants a less powerful diesel instead.

In any case, not your problem.

BTW, the car looks great!

[JoeyJoeC]

He has no chance.

[nomoremoney]

Hi everyone just about to send to LBA reply and I have noticed that the LBA is from a Mr A whereas I sold the car to a Miss B. I assume it is her boyfriend who played no active part in the sale of the car, he stayed with their children.

 

 

Does this make any difference to my response? The LBA is claiming that he wishes to rescind his contract with me yet my contract is with his partner.

[king12345]

If you really want to you could send him a letter along these lines.

 

Dear Mr A,

I note the content of your communication dated xxxxx, however I do not recollect ever meeting you let alone entering into a contract with you.

I believe that you have made an error and I accept your apology.

Regards

 

 

That will truly make him understand that he's a mug!

As said, he's got no leg to stand on.

[nomoremoney]

Would that be to any detriment if they decide to litigate?

[Conniff]

You shouldn't be responding to these silly letters, he has you exactly where he wants you.

 

 

Just get together all that you would rely on as a defence, things like the above, in case he should be silly and go ahead with litigation and get on with your life.

[nomoremoney]

Yeah but he's phrased it as a lba, and they are crazy so they probably will proceed, so I feel like I need to cover my back

[Conniff]

It's still just a letter. You can write lba on the top of a shopping list, it doesn't mean anything.

 

 

You have two choices, either call his bluff or give him his money back. No one can make that choice for you.

[nomoremoney]

I'm not giving him his money back. I'm just worried that if and when they take it to court, I will get penalised for not responding to his lba, or responding sarcastically.

[Conniff]

You don't have to respond, there will be no penalty. The only thing you respond to would be actual court papers. Hang in there.

[nomoremoney]

ok fair enough. Thanks

[nomoremoney]

Just as an update I sent a reply to the LBA similar wording to what was mentioned on here. Heard nothing back.

 

 

Now I've found the car up for sale on eBay. They've got it up for a bit less than they paid me, but they haven't mentioned the Cat D thing either. Hopefully this is the last I'll hear of it. Thanks again everyone.

[stu007]

Hi

 

Thanks for the update I am sure it will be appreciated by those that have assisted.

 

Think your letter may have given them that realisation they were not going to get anywhere with this.

 

Now Make sure and take screenshot of that being up for sale on ebay by them minus the cat d and keep it safe.

 

If they do try anything else well you already know where to come and ask.

[Conniff]

Not just those that have assisted. I'm sure a lot of buyers and sellers will learn a great deal from this thread.

 

 

Thanks from me also.

[nomoremoney]

Thanks have done so. I think they have tried to use some stealth relisting it - it's on her boyfriends eBay account that has 4 feedback spread out over 4 years, there's no pictures and no reg number. I only know its mine because of the mileage (its only gone up 25 miles), location, registration date and that they have practically copy and pasted my original listing including unique details such as bumper damage, faulty cig lighter and parrot kit.

 

 

They have sorned the car so I guess they really were adamant about not keeping it from the start. I loved that car it was fantastic, I'd be very tempted to buy it back if I had the cash. Cannot understand them at all.

 

 

 

 

I find it extremely annoying when reading a multipage thread to find the OP didn't bother to provide a final update! Thanks again to everyone and I hope it helps others.