Refund demand

[Hargy 0]

Hi. I’m relatively new to the car trade (5 years) and sell mostly sub 10 year old cars with very little hassle. In April I took a trade in Proton Savvy 2011 with 35k miles from an old lady. She’d had the car for the last 10 years. I sold this on for £1850. Fast forward to July and got a message saying fuel filler neck had corroded and they wanted the car repaired. We agreed to repair which took a while to locate a part which eventually had to be adapted to suit. Customer collected car nd messaged me next day saying abs light had come on and they demanded a refund. I noticed that weekend they had advertised the car for sale  but took it down a few days later. I offered to get the car repaired at our cost to keep things sweet but they insisted on a refund and that they were entitled under consumer rights. This has gone on a while now and eventually I told them to go legal if they wished as the car was perfect for the 1st 3 months. Today I got court papers that they’re taking me to small claims court   Is there any way possible they could win this case?

 

[TM1989 4]

Hi mate 

 

I don’t know what’s going on here. A lot people who can offer advise don’t seem to reply. 
 

I’ve had similar issues to yourself in the past unfortunately and will probably have more in the future. 
 

you’d rather refund them money and keep some money for the time they’ve used the car i.e mileage used and their name that’s been added onto the log book etc. 

 

I do feel for you mate. Some people just take the piss unfortunately. 
 

I bet she’s added a few thousand miles to the car, drove it up and down the country and now just wants her money back thinking her dad is going to cover your losses!!! 

[trade vet 704]

The bottom line is that Judges do not like car dealers.The Judge is unlikely to know that an ABS sensor is not a big deal.I have unsuccessfully defended 3 cases brought by punters in the Small Claims Court where I thought there was no way I would lose.On the other hand I have won cases against an architect,a builder,a clothing wholesaler and the best one BCA.I think you will need to be able to prove that you offered a free repair and that they refused.Also it is important to make sure they have correctly followed procedure prior to issuing their claim.Was it sold with a new MOT,did you get a PDI sheet signed on handover,did you note the mileage when you had it back.How did you word your signed sales invoice . It is very unfair but selling cheapies these days is very risky and you might have to take your medicine on this one if you haven’t got a good defence which the Judge understands.