Private Car sale buyer wants refund

[whoscoatsthatjacket2012]

I sold my old car recently privately via an advert on SM
Listed what work I'd had done and that it was recently serviced with a new MOT
The person who bought it said it has a fault and wants the money back.
I had no idea there was an issue and they tested the car before buying it.
They've now sent me a letter saying unless I give the money back they'll take me to court.
Should I reply to letter or ignore it and see what they do.

ignore. They may issue a claim but you have a two word defence - buyer beware (caveat emptor if you want to be fancy)

Let them take you to court. It was sold as seen. Presumably there's no contract saying otherwise?

Back in the day when I car was sold like that , the vendor would get a signature on 'sold as seen ' was anything such as this done?

How long has he had the car?

What's the fault?

He can take you to a small claims court but the fee varies depending on value of car, how much was it sold for ?

Nope he's not entitled to a refund. In the case of a private sale it's 'Buyer Beware', which means it's on him to ensure he's happy with the purchase before he buys.

He could potentially take you to the small claims court. But it's extremely unlikely they would side with the buyer.

I sold my car to a trader who later found out the mileage was wrong, I wasn't aware as I bought it second hand. He took me to the small claims court, who sided with me and he didn't get a penny and had to pay my costs

You are a private seller.

He has no cause of action against you.

Tell him to sod off

Caveat Emptor.

Ignore.

He is trying to bully you into doing something you don't have to do.

For all you know he has crashed it or stripped it for parts.

As above - ignore.

They would need to demonstrate that you likely knew about the fault or misrepresented the car when describing it. It isn’t quite “buyer beware”, if they can do this. Depending on what the fault is, it’s probably very unlikely they’d be able to. Ask them to set out why they believe you knew about the fault; if they cant do this, tell them that the sale is final and ignore them.

Thank you. Car sold for less than than 4K
Did a receipt which stated tried tested and sold as seen.
The letter looks like it been taken off the Internet. Refers to consumer credit act 2015

Consumer credit act won't apply to you / this transaction as you're not selling as a business. It's a private transaction. Don't worry.

I would just completely ignore the letter

For a start it's Consumer Rights Act 2015, and secondly it only applies to vehicles bought from registered traders.

As long as you had the legal right to sell the car, it was roadworthy, safe to drive, and matches the description given then they are unfortunately out of luck. There is no obligation for you to give them a refund.

What are they saying is the fault OP? Because I'd say that if it was something that was either easy to spot on inspection or is something random that can happen at any time .. they have not a.leg to stand on.
Years ago we traded in a car which had a fault to a dealer. They flipped it and sold at auction. The buyer took the dealer to court and won and they then tried to take us to court and lost. Basically the essence is that a professional buyer/seller ie a car dealership is expected to know stuff and have a standard that a personal buyer/seller is not expected to know. So rest assured that if it's something that you could not have known at the time and was not evident then you are not expected to meet the standards of a professional.in the trade.

Personally having been in the situation, I wouldn't ignore the letter but respond saying you will be defending this and have proof on your side and will be presenting it to the judge and you can even say you'll be instructing your solicitors.

The thing is once they pay the claim fee and court fee, there is nothing to stop them taking it to the small claims court and you too will need to turn up ,send your defence to them etc.

And it all gets dragged out.

You obviously don't pay anything unless you lose.

He will think if you ignore the letter, you'll get the jitters when you recieve court papers.

Thats my experience anyway

Thank you for all for confirming what I thought anyway.
I think I'll ignore the letter as tempting as it is to reply.

The car is sold as seen

Ignore

ignore. as you are not a business with the sole purpose of selling cars, he has no real leg to stand on if he's spouting consumer rights.

I see we are getting the usual rubbish about second-hand cars trotted out. Buyer beware is not a defence when selling a second-hand car and saying that something is sold as seen has no effect in law.

For a private sale of a second-hand car, any description of the vehicle must be accurate, and the seller must not misrepresent the car. For example, if the seller says the car has air conditioning, it must have working air conditioning.

@whoscoatsthatjacket2012 Provided you described the car accurately you don't have anything to worry about, but not for the reasons given by many others on this thread.

Does the letter need a response?

OP doesn't have to respond. However, if it were me, I would write back pointing out that, as a private seller, I am not liable for any faults that develop after the car has been sold and I would not be offering any refund. I would be clear that any court action will be defended.

Update. Court papers received.

My dd sold a car which apparently didn't work. As you dd listed faults and the lady still bought it. Dd was threatened and ignored.... I see you have been issued papers. Can you post pics blanking out your details op? You really haven't done anything wrong here..

That sucks.

Out of curiosity how soon after the MOT was it sold, and would the fault have been noticed by an MOT tester, ie wheel bearings?

Good luck OP.

wow this will now get all dragged out. you will need to tell the what what witnesses you will relay on, your times available and eventually you will be provided with a court date.

I had my court date Wednesday and we won.

I suggest you gather all the evidence you can.. have you got a doorbell that wouldve shown that the car was test drove?

any witness statements come in handy too.

Do you believe that the court papers are genuine?

Did you keep a copy of the receipt?

Did the buyer say anything when they test-drove the vehicle?