Hello
I am a part time sole motor trader/hobbyist and i sold a car to a woman who after 6 weeks sent me a letter saying she had been onto trading standards who told her she could reject the car i sold to her for a full refund...on the grounds that the exhaust was leaking to a point where driving it made her ill and so "not fit for porpose". Her rejection letter said that she paid some one £100 to fix the exhaust but bacause there was a fault she wanted a refund (the car was a 16 year old clio sold for £450 with full MOT), her letter stated that she had already paid £100 to fix the exhaust so it must now be ok and fit for purpose so a full refund would not be expected but i offered £50 as a good will gesture, even though on trading standards web site it states you should take into account the age and wear and tear of a car (exhaust systems are considered wear and tear items) also on trading standards web site it states that you should give the dealer the opportunity to fix any faults at minimal cost, she did not with the exhaust.
She rejected my offer saying she would report me to trading standards...
I noticed a few weeks later an ad in one of the local rags for a clio that sounded very similar to the one i sold, it was up for £400. I called the number and it was the lady i had sold my one to and was told it had sold. I thought that woud be the end of the matter.
3 days later i received a letter saying that the car will need £1000 spent on it to put right as amongst other things the engine was dead and is now deemed unrepairable, the mileage has been clocked and she wants £350 back. She had spoken to trading standards customer service who told her to take me to the small claims court.
I asked my wife called the advert again as a prospective buyer to see if the car had been returned due to these catastrophic faults but she was told "sorry the car has sold" she asked just out of interest how much did it go for... "£350".
I asked for evidence to of her claim that the mileage had been clocked and a copy of the engineers report and estimate for the £1000 engine repair. I also asked for a convenient time/date for me to inspect the car.
She lives less than 1 mile from me but the car dispite being "undrivable" was at an address 7 miles away? I looked at the car and confirmed it started on the first turn of the key. A local resident who is an RAC breakdown engineer saw the bonnet was up and came over stating that he suspected a stuck hydraulic valve lifter (an easy repair)
Before I had a chance to respond with my findings the claimant scrapped the car rendering me unable to accept it back for a refund.
On trading standards web site it states if you reject a car on the grounds of not being fix for purpose you should stop using it.
I photographed it had moved on 3 occasions so was being used.
By continuing to use the car, attempting to sell it and then scrapping it she has accepted the goods as hers and therefore cannot reject it.
There is no defined time limit in which to reject a car but having checked a few sites 2 weeks seems the acceptable time. NOT 6 weeks.
When she bought the car she stated that she hadn't driven for a while as she was restricted due to medication but she couldn't do without a car so decided to stop taking the meds so she could drive, obviously against her gp's instructions. I suspect this made her ill and decided buying a car wasn't such a great idea.
I had suspected that she had sold the car to the person (possibly a friend) at the address 7 miles away and was still trying to extort money from me but she has attached a copy of the scrapping receipt with her claim form along with receipts for the exhaust repair and 2 part worn tyres. To date I have not received proof of the mileage discrepancy nor any engineers report detailing the catastrophic engine failure dispite asking for these items twice.
On her claim form in the brief details of claim she states she had problems with the car from day one. She bought two part worn tyres two days after she took it off me but these are wear and tare items. The problem with the exhaust actually occurred 6 weeks and 1 day after purchase. She states she gave me the address to look at the car three weeks ago and I havent replied to her. Her claim form encloses a copy of my reply letter which I sent recorded delivery. She claims trading standards are investigating with regards to the mileage discrepancy, To date I have yet to hear from trading standards. She claims I have refused arbitration, I have done no such thing, she suggested a court mediator in her last letter but I was merely waiting for her to send the proof of her claims and proof she wasn't trying to profit at my expense before I made any further offer. She finalises her brief details of claim to say that she is a disabled pensioner and she feels i am bullying her. This is totally untrue, all correspondence have been written and have been polite, despite her getting my name wrong in every way possible including her claim form!
Also the particulars of claim (attached)(to follow)section are totally blank. She hasn't highlighted the "to follow" or put and details in this section. Does this mean I do not have a claim to answer as this part should be filled out?
Any advice would be appreciated.
I am a part time sole motor trader/hobbyist and i sold a car to a woman who after 6 weeks sent me a letter saying she had been onto trading standards who told her she could reject the car i sold to her for a full refund...on the grounds that the exhaust was leaking to a point where driving it made her ill and so "not fit for porpose". Her rejection letter said that she paid some one £100 to fix the exhaust but bacause there was a fault she wanted a refund (the car was a 16 year old clio sold for £450 with full MOT), her letter stated that she had already paid £100 to fix the exhaust so it must now be ok and fit for purpose so a full refund would not be expected but i offered £50 as a good will gesture, even though on trading standards web site it states you should take into account the age and wear and tear of a car (exhaust systems are considered wear and tear items) also on trading standards web site it states that you should give the dealer the opportunity to fix any faults at minimal cost, she did not with the exhaust.
She rejected my offer saying she would report me to trading standards...
I noticed a few weeks later an ad in one of the local rags for a clio that sounded very similar to the one i sold, it was up for £400. I called the number and it was the lady i had sold my one to and was told it had sold. I thought that woud be the end of the matter.
3 days later i received a letter saying that the car will need £1000 spent on it to put right as amongst other things the engine was dead and is now deemed unrepairable, the mileage has been clocked and she wants £350 back. She had spoken to trading standards customer service who told her to take me to the small claims court.
I asked my wife called the advert again as a prospective buyer to see if the car had been returned due to these catastrophic faults but she was told "sorry the car has sold" she asked just out of interest how much did it go for... "£350".
I asked for evidence to of her claim that the mileage had been clocked and a copy of the engineers report and estimate for the £1000 engine repair. I also asked for a convenient time/date for me to inspect the car.
She lives less than 1 mile from me but the car dispite being "undrivable" was at an address 7 miles away? I looked at the car and confirmed it started on the first turn of the key. A local resident who is an RAC breakdown engineer saw the bonnet was up and came over stating that he suspected a stuck hydraulic valve lifter (an easy repair)
Before I had a chance to respond with my findings the claimant scrapped the car rendering me unable to accept it back for a refund.
On trading standards web site it states if you reject a car on the grounds of not being fix for purpose you should stop using it.
I photographed it had moved on 3 occasions so was being used.
By continuing to use the car, attempting to sell it and then scrapping it she has accepted the goods as hers and therefore cannot reject it.
There is no defined time limit in which to reject a car but having checked a few sites 2 weeks seems the acceptable time. NOT 6 weeks.
When she bought the car she stated that she hadn't driven for a while as she was restricted due to medication but she couldn't do without a car so decided to stop taking the meds so she could drive, obviously against her gp's instructions. I suspect this made her ill and decided buying a car wasn't such a great idea.
I had suspected that she had sold the car to the person (possibly a friend) at the address 7 miles away and was still trying to extort money from me but she has attached a copy of the scrapping receipt with her claim form along with receipts for the exhaust repair and 2 part worn tyres. To date I have not received proof of the mileage discrepancy nor any engineers report detailing the catastrophic engine failure dispite asking for these items twice.
On her claim form in the brief details of claim she states she had problems with the car from day one. She bought two part worn tyres two days after she took it off me but these are wear and tare items. The problem with the exhaust actually occurred 6 weeks and 1 day after purchase. She states she gave me the address to look at the car three weeks ago and I havent replied to her. Her claim form encloses a copy of my reply letter which I sent recorded delivery. She claims trading standards are investigating with regards to the mileage discrepancy, To date I have yet to hear from trading standards. She claims I have refused arbitration, I have done no such thing, she suggested a court mediator in her last letter but I was merely waiting for her to send the proof of her claims and proof she wasn't trying to profit at my expense before I made any further offer. She finalises her brief details of claim to say that she is a disabled pensioner and she feels i am bullying her. This is totally untrue, all correspondence have been written and have been polite, despite her getting my name wrong in every way possible including her claim form!
Also the particulars of claim (attached)(to follow)section are totally blank. She hasn't highlighted the "to follow" or put and details in this section. Does this mean I do not have a claim to answer as this part should be filled out?
Any advice would be appreciated.
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