Refund denial letter

[Plainjane91]

Could someone help me with what to write in a letter refusing a request for a refund please?
sold a car privately and the buyer has sent me a letter to request a refund as the have discovered that it had been in an accident (I was unaware of this) the car was bought by my daughter a year ago then she went away to work so I was facilitating the sale on her behalf. I have had advice that we did nothing wrong and that as I stated the car was my daughters on many occasions I was also told I am not liable for the sale either so want to send a polite but firm letter rejecting the refund and the reasons.

[R0b]

Hello

It would help to see what the letter actually states as it's a bit difficult trying to guide you on what to write if we don't know what is being alleged other than what you describe. If you can post up a copy of the letter with any personal information redacted, we can then review and let you know what options you have.

Having said that, it seems you have no contractual relationship with the buyer as you were acting as an agent on behalf of your daughter so assuming what you have said is true, the contract is being the buyer and your daughter. It also depends however on whether there may have been anything in the advert that was misrepresented or not true and only in that case may the buyer have a viable legal action.

I'm going to tag des8 because he probably knows better than me but I am not aware of any laws that says when you are selling a car you must include in your advertisement that the car has been in an accident (minor or major) whether you knew about the accident or not. There is a rule between private individuals and it's called caveat emptor (buyer beware). It's down to the buyer to satisfy themselves that the goods being purchased are of satisfactory quality and fit for purpose - doing these checks after the event and the contract has concluded is too late.

[Plainjane91]

I can’t upload for some reason so I’ll just type it here…
complaint about misdescribed goods.
I bought the following goods from you on…….
I now find the goods misdescribed. You described the item as:
mot Feb 2023, recent service, low mileage.
but in fact
the car is cat S
under the sale of goods act 1979 goods you supply must match the description as the goods dont match how you described them I am asking for a full refund.
please respond with in 14 days.

[atticus]

Dear ****

Thank you for your letter.

I will not be giving a refund, for the following reasons :
[list reasons]

Yours etc

[Plainjane91]

Can I put something in there about acting as an agent for my daughter?

[des8]

If you were a car dealer the purchaser might have a claim against a seller who did not declare the vehicle had been written off.
This would be because The Consumer Protection from Unfair Trading Regulations 2008 requires them to declare anything that would affect a consumer's decision to buy or not.

However, as indicated by others, that does not apply to private sellers.
As long as the advertisement is true, and nothing misleading was said at the time of viewing/purchase, the onus is upon the buyer to satisfy himself regarding the condition of the vehicle. (hence a prudent purchaser will have a vehicle checked by an engineer if they themselves do not have the ability!)

[Plainjane91]

Can I put something in there about acting as an agent for my daughter?

[des8]

Can I put something in there about acting as an agent for my daughter?

Yes, if you wish

[Plainjane91]

Hi, I have today received a court letter stating that the buyer is taking me to court for the full amount plus damages. Any advice would be greatly appreciated.

[des8]

If you want help you will need to give more detail so please post up the particulars of claim

You also need to acknowledge the claim, but at this stage don't enter your defence
Is the claim against you or your daughter?

[Plainjane91]

Claim is against me. Basically saying they feel I misrepresented the car when I advertised it.

[des8]

Sorry, but can you post up the exact wording, or post a copy?

[Plainjane91]

There was no mention at any point that the car was car s due to structural damage.
On the grounds that the good did not match their description under the sale of goods act 1979 goods you supply must match their description. As the goods did not match how they were described I am requesting a full refund plus damages.

[Manxman]

It really would help if you could scan the claim document, redact your personal details and those of the claimant, and upload the scan up here. (It's just that people frequently introduce unintended typos or miss out important bits when transcribing or precising documents).

Just to be clear on one thing - they are not claiming the car was in an unroadworthy condition when you sold it, are they?

[Plainjane91]

No they are saying that I misrepresented it. The new MOT was only done a few weeks prior to selling it.
there is too much personal information in the claim to post on here.
this is basically what they are saying…

There was no mention at any point that the car was cat s due to structural damage.
On the grounds that the good did not match their description under the sale of goods act 1979 goods you supply must match their description. As the goods did not match how they were described I am requesting a full refund plus damages.