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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A buyer of a vehicle from me a month ago has just found out

Resolved Question:

A buyer of a vehicle from me a month ago has just found out the vehicle is Cat D and is threatening legal action against me. I did not know this when I brought it and he had the opportunity to view the car, which he did before purchasing. He also has been in touch over the past month in regards ***** ***** vehicle I own so he was happy with the purchase. He also is expecting me to pay extra to get the car back as apparently he has had work done to it which he says is professional. I do not know what has happened during this time with the vehicle, or even though requested I have not seen any proof of work done. When I brought the vehicle I brought it for my own use and even drove it to Hereford for a family occasion, however he is now trying to say that I am running a business as I have brought and sold a few cars over the last 2 years. A few months ago I was in inbetween jobs and I setup a limited company called Land Rover Junkie Ltd as I wanted to secure the name if I ever needed it but now I am back to work and the Ltd company has only ever been dormant . I have brought and sold on eBay but it has only ever been for own use. I have acquired parts and the ones I don't need I have sold on. As you get a discount for owning a shop on eBay I recently changed my profile a shop. I just want to know where Ai stand with this and whether I have a case to take legal action as I don't feel as a private seller it was my responsibility to know the cat D existed on the car, and also whether I am right that I shouldn't be classed as a trader as these vehicles are for my own use and what I need to do next? Thank you Yannick
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Yannick my name is ***** ***** I will help you.

Did you know it was a write off please?

Customer: replied 1 year ago.
NO as I didn't do any checks
Customer: replied 1 year ago.
I have just checked the status of the Ltd company and I thought I had made it dormant, but it says active. What does this mean?
Customer: replied 1 year ago.
I bought the vehicle for my partner with the log book in her name and she didn't like the vehicle so I kept it for my personal use and have used it. I am a land rover enthusiast and have an interest to restore them as a hobby.
Expert:  Ash replied 1 year ago.

Thanks, ***** ***** are not liable. As a private seller there are very little in consumer rights. Unless you knew it was a write off and didn't declare it you are not liable.

An active company not dormant at companies house simply means it is still registered.

But unless you knew of any write off you are not liable.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
Thanks for the reply. If the person takes me to court how do I prove that I was unaware of the cat D status of the vehicle?
Customer: replied 1 year ago.
I have bought and sold one other vehicle since the creation of the limited company but again that was a personal vehicle. Previous to creating the limited company there have been other cars that I have owned for various reasons. I have insured and taxed them all in my name for personal use. Is this something I need to look at if he takes me to court?
Expert:  Ash replied 1 year ago.

No, nothing wrong its owner and selling a number of cars.

If they take you to court the burden is on them to show did you know. Not for you to disprove.

Does that clarify?

Customer: replied 1 year ago.
Ok thanks. I'm just aware that because he didn't do his checks before purchase, and he clearly is new to trading, he now wants to try to get me in trouble and state I'm a trader.
Expert:  Ash replied 1 year ago.

Sure I undratand. But it's not related so I wouldn't worry.

Does that assist?

Customer: replied 1 year ago.
On the v5 for the vehicle I purchased it for personal use and not a trader also. I'm not a trader so I didn't fill in the motor trader slip. And he was well aware of this when he purchased. Is there anything else I can do to prepare for court?
Customer: replied 1 year ago.
Even if he had a cade would he legally be able to return the vehicle after a month?
Customer: replied 1 year ago.
Case*
Expert:  Ash replied 1 year ago.

No, it's too long even for a trader. But that doesn't matter, you were not.

Nothing wrong with a private person buying and selling a few cars, doesn't mean you are a trader,

Does that clairfy?

Customer: replied 1 year ago.
That's what I thought but he keeps messaging me and threatening me so I needed some clarification. Thank you for your time.
Expert:  Ash replied 1 year ago.

Have a good bank holiday, If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 1 year ago.
One last thing
Expert:  Ash replied 1 year ago.

Sure.

Customer: replied 1 year ago.
Obviously I have a limited company for land rovers. I have owned land rovers for personal use and one of them I sold to this person. I bought it as mentioned on the log book as new keeper. He thinks that because my company deals with land rovers that the vehicle is associated with the business. I only set up the business to protect the name
Expert:  Ash replied 1 year ago.

I understand. As I said before it is for the buyer to prove any link and that it was a business. As a defendant you do not have to disprove anything.

Does that clairfy?

Customer: replied 1 year ago.
If I was a motor trader and if I had filled the yellow traders slip on the v5 upon me buying the vehicle then he would have a case.
Expert:  Ash replied 1 year ago.

Case. Does that help?

Customer: replied 1 year ago.
I just want to be reassured that the vehicle I sold was a private sale even though I have a limited company.
Customer: replied 1 year ago.
I have a receipt that it was sold as seen
Expert:  Ash replied 1 year ago.

Yes indeed, this all helps. But the burden is on the buyer as I have said,

Does that assist?

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks
Customer: replied 1 year ago.
thank you for your time
Expert:  Ash replied 1 year ago.

Good luck