eggy2010:

I spoke to my cousin earlier which is where i got that act from he runs a game store and knows of that act. Does that apply to private sales or is it just business's?

The law applies to business and private sales differently. As a private seller, your responsibility is just not to be dishonest or to try to deceive. A business seller would be required to make sure that the car is safe and suitable for ordinary use.

All cars are unsafe in an accident if they are driven into a tree at 60mph. If this one is safe at other times, then there is nothing particularly to worry about. It may be just that the mechanic at the garage is trying to scare the buyer as they sometimes do to talk up the price if a job.

Any serious faults in the chassis can usually be seen by inspection - which the buyer did - or by there being a wobble noticeable during a test drive.

In your shoes I would be willing to talk to the buyer but I wouldn't do anything more unless a summons or a solicitor's letter arrived. If you wanted to refund and then resell the car, that would be your decision but it is not something that you need to do. If the buyer wanted you to pay the garage bill and keep the car, then, my feeling, is that you would be being cheated by the mechanic involved and/or the buyer.

Yes the guy ran a hpi check and found that the car was a CAT D write off. The car has been to the garage and he is saying that the repair has not been done to a high standard and the car is unsafe in an accident? I wouldn't let my girlfriend drive the car if it was unsafe..

He has text me saying that he is wanting to return the car and get his money back.

No I am not a trader nor a qualified mechanic, I know how to change the oil but that is pretty much my limit, but yes the car was good enough for me.

Yes I believe the car got the guy home.

I spoke to my cousin earlier which is where i got that act from he runs a game store and knows of that act. Does that apply to private sales or is it just business's?

thanks in advance

I think that there is something that you are not sharing. "it is a CAT D write off and that the repair is not done to a high standard" to me just means that a dint has been hammered out but not painted over properly. Presumably you are not a dealer or a mechanic and the car was good enough for you. Unless you advertised the vehicle "as good as new" or something misleading, with a private sale the car is now the responsibility of the new owner.

From the sound of things, the car got the buyer home and it is still running. Do you know which part of the car he is unhappy with?

what about: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_2#pt2-pb1-l1g2

could this be my pitfall?

I'm going to speak to a friend tonight who is a solicitor and also seak advice from the CAB tomorrow.

Good luck. In your shoes, I would limit myself to listening, expressing sympathy and perhaps recommending a mechanic.

Thanks for the advice, i will give him a call later today and see what he says/suggesting.

thanks

eggy2010:

Am I right in saying that he should have done the check before parting with the money?

Yes.

It is surprising how many people join the police force when there's a problem like this.

It's worth speaking to the buyer if you've promised the call. In my view you should simply say that you were not aware of the category D write off and you can mention the dealer where you bought it.

You should be aware (and you should make the buyer aware) that category D write off means no more than the car was uneconomical for the insurance company to repair. Basically, if the car is older than say 8 or 10 years, any little scratch or dint will make an insurance company declare the car a category D write off. Category A is worst, category B is unfit to go back on the road, category C is major damage that can be repaired. Category D just means that the insurance company felt that the cost of processing the claim and repairing was more than the cost of replacing.

Hi,

Storey goes that my girlfriend sold her car a few months ago as she was getting a new company lease car, sold her car the weekend before she was due to pick up her new car on the Monday. When we got there it was wrong and would take 2-3 months to get the right one from the dealer,

So as we decided to buy her a run about until she got her company car, which was all fine. Brought the car in May from a dealer near to where I was working at the time and he gave us 3 month's warranty etc, checked over the car and engine bay to a common degree and brought the car. Job done I thought. Warranty is now out of date so to speak.

I sold the car yesterday after it being sitting on our drive for 2-3 weeks and the guy came over with his son, checked over the car etc and took it for a test drive. was happy with this and made me an offer and I accepted the deal. He transferred the cash which went into my bank account straight away and there we go.

He called me this morning to which I missed his call, and then sent me a text saying please call me as there are problems with the car. I then text him back asking what the problems are and he said that it is a CAT D write off and that the repair is not done to a high standard....

I'm due to phone him later today to discuss this but I am wondering where I stand with giving him a refund or paying towards the cost of fixing it and making it right. He is a police officer and checked the car over thoroughly (was there for an hour) and even mentioned that he dealt with stolen cars etc....

I don't have a printer at home so didn't print out any receipts saying 'sold as seen with no warranty'. Am I right in saying that he should have done the check before parting with the money?

where do i stand etc?