Legal Advice - Sale of Car

[Excalibur]

Julian's absolutely spot on.

[leelive]

Just spoke with the Citizens Advice Consumer Service.

The new owner has to prove that the car was faulty. If they cancel the cheque then I send them a legal letter asking for the money.
They have no rights. I sold a perfect car. I didn't sell a faulty car.

I think it was bad driving by the new owner that damaged the clutch. It was working perfectly prior to the new owner taking it.

This was a low mileage car that my wife owned for a short daily trip to work. She was doing less than 3,000 miles per year.

It wasn't used to pull a trailer or box van. It had no tow-bar fitted.

Lee

[DJ Jules]

Just spoke with the Citizens Advice Consumer Service.

The new owner has to prove that the car was faulty. If they cancel the cheque then I send them a legal letter asking for the money.
They have no rights. I sold a perfect car. I didn't sell a faulty car.

That's clarified the one thing I couldn't remember - who the burden of proof sits with. If it's with the buyer (which it sounds like it is from the above) then they've got to prove it was faulty at point of sale before they can take action - which means they have to get an expert opinion to prove that the fault was present at time of sale. I had a feeling it might have been this way round as the burden of proof usually switches from seller to buyer after 6 months with new goods and sits with the buyer from time of sale with second hand items.

Happy days for you, just hope that cheque clears before they get to the bank... And I wondered why sites like we buy any car .com are flourishing??

Julian

[leelive]

The cheque seems to have cleared
As a good will gesture we have offered £200 toward the cost of the repair.

[Marc J]

The cheque seems to have cleared

"seems to have" being the important part of that quote....make sure with your bank that it is 100% available to you and non-reversible, as that's not always the case at first.

As a good will gesture we have offered £200 toward the cost of the repair.

That's one hell of a good will gesture. If my clutch goes can I give you a shout?

[Shaun]

As a good will gesture we have offered £200 toward the cost of the repair.

Let's hope the cheque has cleared fully and can't be reversed in any way. Playing Devils Advocate here...but could it be argued that by offering the cost of repair you have accepted liability that the vehicle was sold with a fault?

[yourdj]

The cheque seems to have cleared
As a good will gesture we have offered £200 toward the cost of the repair.

Thats a good idea, but it may show that you have some form of guilt.

Get acceptance of those terms by recording the phone call or in writing, or both.
I would be inclined to keep the money and leave them with the car.

If they are 17/18 then they will have felt an immense amount of disappointment and will have panicked when it broke.
I am sure that this will be delt with by parents and they will see the real situation. Better to deal with them rather than the people who bought it.

I had this with an impreza and the buyer (straight swap with another impreza) thought i had conned him.
I had no idea that the clutch was going to break and I am sure that this may be the case with your car.

[Excalibur]

"seems to have" being the important part of that quote....make sure with your bank that it is 100% available to you and non-reversible, as that's not always the case at first.

I too have seen cheques appear in my account, looking as if they've cleared, but they then subsequently disappear, so be watchful, Lee.

[Marc J]

Some examples of the cheque clearing process: -

http://ask.barclays.co.uk/help/day2d...chequeclearing

http://www.chequeandcredit.co.uk/che...learing_cycle/

Both say day 6 (that's working days, so really 8, and at this time of year even more) before there's certainty of funds.