Hi there,My partner and I have recently sold a car privately. We initially had the car listing on ebay which then expired. A buyer saw the listing through Ebay initially but as the listing had expired asked us what issues there were that we knew of with the car. On December 18th 2012 Qwik fit failed the car on two accounts, which the buyer was informed about. I did have a second MOT at another station, two weeks after(03/01/2013) merely to confirm it was a failure. I genuinely didn't read the second MOT certificate. Whilst I acknowledged that it had again failed as the guy told me, I asked if the same things had come up and the guy at the station said that it they had and they came up with a couple of other things, but he did state that an MOT report could be entirely different if I did it again. Through being very busy and in the process of preparing a move a lost the certificate and didnt see it again.
Im going to wait until im at work tomorrow to send the whole thing to you merely due to tech issues! I look forward to your help then,
As we only had the MOT results from the first test, I presumed that very little could change in such a short space of time as the car was based on the drive. I had no way of establishing what was on the second MOT certificate, so on the ebay advert merely stated what I could from the MOT on the 18th.As it had been indicated that MOT results could fluctuate, I put down the differences to the 2nd MOT on the 3rd of Jan merely down that. I was aware that aditional work had come up but I could not specify what it was and so advised the condition of the car based on the information that I could actually provide in the EBAY advert.However, the buyer did not purchase through ebay, the listing had expired and they actually came to view the car, inspecting and test driving to decide if they were happy.Whilst sat in the car with the buyer I also told her that additional things could come up if she put it through another MOT based on the fact I had been told MOT results could vary. I told her that we did have a 2nd MOT within two weeks of the results we can provide her and I remember that additional fails had come up although I couldn't specify what it was. I also advised that whilst I didnt know how to do it it, I believed that she could actually somehow use the documents online to confirm MOT history. She said that she didnt mind spending some money to get it on the road as we were so good to sell it cheap. We sold it for £750(when the car(MOT'd and roadworthy) is valued at around £1745). Even we buy any car offered approx £550 for the vehicle which the buyer even confirmed. They were aware that we offered a great deal taking into consideration that the car needed work.On the initial ebay advert we also stated work that we had believed to be done a year ago by a companies local MOT garage. It materialized that it was a trader, who worked for a company sold the car to us on a trader forecourt leading us to believe this was the case. However, the car was sold to us with dodgy breaks, and after being in an accident the individual agreed to complete the necessary work to get the job complete. We were told that over £1000 had been spent on the car to put it in a perfect condition and we received a receipt for the work that had been done although we did not have to pay for it.
The couple are now claiming(even though none of this work came up on the DEC Mot) that the latter MOT's reflect that we are committing fraud and that the MOT's reflect we are not telling the truth. They say the work was never done and we said it had in the advert. We genuinely believed it had been carried out and my partners mother was there when we were verbally told this.Now they are suggesting we have knowingly committed fraud on three accounts and that we should refund the £750 paid for the car even though we explained that it would be sold as seen as the advert had expired and they were inspecting first.(test drive to).I would also like to add that the husband(of the actual owner) and his father aggressively turned up the next day after buying, walking into our shared house and demanding a refund. I would also like to add they claimed we let the owner drive the car away from our house on purchasing and yet the husband and his father drove back in the car, after realizing it had failed the MOT demanding this refund.They also viewed the car in the dark.Pretty please can you tell me where I stand as they are accusing me of fraud and threatening to go to the police although I feel my partner and I have done nothing wrong.Thank youTimothy Hudson
Thank you for the reply, they are accusing me of fraud, and telling me that they do not believe we were unaware the car needed so much work, they say we should be responsible for the work that needs to be done.
They also said that my fraud paut them in a dangerous car.
how should i tackle the allegation..
I didnt know what what was on the second one(lost the MOT certificate)
So just went by the failure points on the first, I did tell them on viewing the car that there had been a second MOT and I didn't know what it failed on but presumed it could be the same.
Have they committed slander against me?
I feel that I could not give the full and complete information, and in person I did tell them that(whilst I was unsure how to do it) I think they could check the full MOT History online. They were still willing to purchase as we sold a car at less than half road worthy value.
They said they have a quote for £550 for the car, so if I offer them £200 in full and final settlement, would that be a fair result as they can get their money back if they want it
They have said in writing they will accept £235 in settlement as this allows them to retrieve their costs. If I agree to pay this and they accept the offer in writing, can they change their mind or will that be case closed?
Thank you very much
i am a little concerned that if i offer to do this they may then back of tge settlement agreement as they may see that as weekness.
if they agree in writing that my offer is accepted in writing could they do this