RHA

Sold a CAT D - customer wants to return it 2 .5 yrs later

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I have a customer who purchased a vehicle in March 2017.  It was a CAT D vehicle and as a result the vehicle had no VAT and was c. 3k cheaper than a similar vehicle advertised in the sales yard.   It also had an aftermarket grill and the fact that the vehicle had been in an accident and was categorised was discussed verbally at the time of sale.  This was not however documented on the invoice.

The customers brother (whom the vehicle was purchased for) has in the last couple of weeks had the head gasket blow on the vehicle and when he took it into the garage they told him its been damaged repaired  (something he now denies he knew) and he says they are saying its not safe to drive.  He wants to return the vehicle and a full refund.  

Despite the vehicle having been through MOT twice since he purchased it and having done nearly 60k miles with him he is threatening legal action because he says its not safe to drive and he was never told it was damaged repaired.

We have offered to trade the vehicle back in and replace it with something not categorised but he is not willing to do this as he contends he should not have to pay any extra despite paying much less for his vehicle in the first instance because of its status.  He is also refusing to repair the head gasket to bring it back to a driveable condition.

Has anyone any experience of a situation like this?  any advice on where we stand legally?

Many thanks.

 

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11 minutes ago, RHA said:

I have a customer who purchased a vehicle in March 2017.  It was a CAT D vehicle and as a result the vehicle had no VAT and was c. 3k cheaper than a similar vehicle advertised in the sales yard.   It also had an aftermarket grill and the fact that the vehicle had been in an accident and was categorised was discussed verbally at the time of sale.  This was not however documented on the invoice.

The customers brother (whom the vehicle was purchased for) has in the last couple of weeks had the head gasket blow on the vehicle and when he took it into the garage they told him its been damaged repaired  (something he now denies he knew) and he says they are saying its not safe to drive.  He wants to return the vehicle and a full refund.  

Despite the vehicle having been through MOT twice since he purchased it and having done nearly 60k miles with him he is threatening legal action because he says its not safe to drive and he was never told it was damaged repaired.

We have offered to trade the vehicle back in and replace it with something not categorised but he is not willing to do this as he contends he should not have to pay any extra despite paying much less for his vehicle in the first instance because of its status.  He is also refusing to repair the head gasket to bring it back to a driveable condition.

Has anyone any experience of a situation like this?  any advice on where we stand legally?

Many thanks.

 

If you wouldn’t mind introducing yourself to the guys on here first,I am sure they will be of help.That is generally how it works on here.

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Hi ; This sounds like an interesting topic, but my guess is you need some Independent Legal Advice from Lawgistics-or a similar Motor Trade specialist. 

In my opinion, he has little chance of winning a case, Q - Did you write on the Order Form it was a CAT D car ? 

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5 minutes ago, trade vet said:

If you wouldn’t mind introducing yourself to the guys on here first,I am sure they will be of help.That is generally how it works on here.

An introduction will go a long way in terms of getting assistance.

 

In terms of your question he isn't interested in the fact its a cat D he wants the head gasket repaired (He is using the lack of category D on invoice as leverage) seek proper legal advice but i would not be giving a penny back other than scrap value for the car.

Do you have old adverts stating category D  ???

Edited by JA Trader

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Take the car back but deduct £0.25 per mile X 60,000 = £15,000 deduction from selling price (fair usage). Now, how much does he owe you :blink:

Edited by Mark101
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3 minutes ago, Mark101 said:

Take the car back but deduct £0.25 per mile X 60,000 = £15,000 deduction from selling price (fair usage). Now, how much does he owe you :blink:

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7 minutes ago, Mark101 said:

Take the car back but deduct £0.25 per mile X 60,000 = £15,000 deduction from selling price (fair usage). Now, how much does he owe you :blink:

You're too kind Mark, surely its 45p per mile.....

RHA seek legal advice! But I'd be making sure the invoice said CAT D. Wink wink

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36 minutes ago, trade vet said:

If you wouldn’t mind introducing yourself to the guys on here first,I am sure they will be of help.That is generally how it works on here.

+1

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46 minutes ago, JA Trader said:

An introduction will go a long way in terms of getting assistance.

 

In terms of your question he isn't interested in the fact its a cat D he wants the head gasket repaired (He is using the lack of category D on invoice as leverage) seek proper legal advice but i would not be giving a penny back other than scrap value for the car.

Do you have old adverts stating category D  ???

Spot on.

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He cannot have a leg to stand on but we keep all copies of adverts where it states the cat if it has been accident damage etc. Also state it on the paperwork as nothing to hide either and they sign it to say all the information, number of keys, locking wheel nut, and damage, marks and other issues are seen and noted!

Verbal confirmation isn't worth the paper its written on as they say!!

 

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not on invoice? better ready yourself for a full refund, or be prepared to have your pants pulled in court.

oh, and hi, whats your stock profile like? how long have you been trading etc?

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2 hours ago, RHA said:

This was not however documented on the invoice.

Why would you not write "sold as CAT D " on the invoice .

Sounds very harsh to think he may get 60 k of use though without a usage charge , 45p a mile is the norm , its way past the 6 month CRA , but selling an undeclared cat d vehicle is a definite NO NO really . But 60,000 45 pences is a lot too at £27,000 :blink:

Think about where you advertised it and see if they have a copy of the advert if you don't , presuming you advertised the Vehicle as CAT D ? Hope you at least did that 

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Ask the customer to present his original bill of sale? If he doesn’t have it your in the clear 

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1 hour ago, justlooking said:

not on invoice? better ready yourself for a full refund, or be prepared to have your pants pulled in court.

 

This. 

 

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2 hours ago, justlooking said:

not on invoice? better ready yourself for a full refund, or be prepared to have your pants pulled in court.

oh, and hi, whats your stock profile like? how long have you been trading etc?

Surely you're being sarcastic...?

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1 hour ago, tradegirl said:

Surely you're being sarcastic...?

Why not there well within statute to claim for the item being mis~sold 

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2 hours ago, tradegirl said:

Surely you're being sarcastic...?

I get his point to fair should always state it in the ads and keep a signed invoice saying sold as a cat d car this was advised and explained in detail the meanjnf to the customer and get them to sign .. 

hope your well tg..  

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If sold on auto trader in 2017 it would list it as cat d or c on the advert, there systems changed for this to happen in 2014ish. Unless you sold it on gumtree or eBay. Not writing cat d on the invoice is a silly schoolboy error, I’m still not convinced why you didn’t write it but then again you didn’t even introduce yourself lol considering the mateys head gasket has gone that’s why all this has come back to you. If your filing cabinet is in order get the invoice out...if it isn’t there make sure it gets there wink wink and also offering an exchange is silly, it’s been 2.5 years. Rejecting the car on the basis it’s a cat d and he didn’t know is only going to be proved by the evidence at the time of sale which is advert descriptions/costs, sales invoice receipt plus any warranty docs you may have gave. A long shot and defo not going to be an easy one as the amount of miles done now and depreciation valuation. So I would stand firm on it. “Cat d repaired to a high standard” lol best of luck buddy ;)

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