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

[JA Trader 58]

51 minutes ago, David Ayers said:

Please explain.

Commercial vehicle maybe ?

[justlooking 48]

9 minutes ago, JA Trader said:

Commercial vehicle maybe ?

the OP suggests it has no VAT purely because it’s a Cat D.

Is this a new rule?

if so I’m joining Copart tomorrow and buying them all 

[JA Trader 58]

2 minutes ago, justlooking said:

the OP suggests it has no VAT purely because it’s a Cat D.

Is this a new rule?

if so I’m joining Copart tomorrow and buying them all 

There expensive now compared to 12 months ago for cars.

 

But yeah re-read it and it makes no sense

[have a word with the wife 299]

8 hours ago, RHA said:

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.

Threaten all he wants, is his name on the invoice ? The customers brother (whom the vehicle was purchased for) no, so he cant claim ........................

jog on 

[TangoVictor32 90]

12 hours ago, RHA said:

 

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.

 

Clearly he doesnt have a brain...

And neither do you for even suggesting a trade in! Think man !!

If he's giving you hassle (nearly) 3 years later why would you want his custom at all?

 

7 hours ago, Del Boy said:

OP now got his info and disappeared? Shocker 

Another poxy topic by a regular member 

[Mojo121 229]

Is this thread a joke... I'd have laughed the phone down. Don't even entertain him.

[Funny Farm 7]

Just pay back the current market (private sale) price, taking into account the current mileage. Sell it on as a CAT D. The customer will not have lost out and you have limited your losses.

 

 

[JA Trader 58]

Im gutted it appears the OP has disappeared i was looking forward to how this one turns out.

[BHM 994]

I’ve got a suggestion for the OP, tell the customer’s brother if he doesn’t stop banging on about bringing the vehicle back you’ll upload a photo onto Youtube of you banging one into his cat. That‘ll make him look a right twat 

[RHA 1]

No I haven't disappeared - just didn't have the notification box ticked so didn't realise there were replies!

My apologies for the lack of introduction - never been on a forum before so excuse me.  Trading for c3 years and selling primarily commercial vehicles.

Thank you to all who took the time to give advice.  Much appreciated.  

For those asking about the VAT position - as above we sell primarily commercial vehicles which are sold +VAT unless it is already lost by being owned by a non VAT registered customer (rare) or in this case as a result of an insurance write off.

One other thing might be relevant is that the vehicle was exported out of the UK into ROI (customer is ROI based)

Unfortunately don't have copies of adverts from 3 years ago.  Would have been on our own website but again once deleted is not recoverable after such a long period.

 

 

 

[David Horgan 564]

CAT C hasnt bothered the van for two and half years and 60,000 miles , he must have known it was on register when he insured it , might even of come up on the Irish reg system when he put Irish Plates on it . 

Trying it on because he has a head gasket bill and no money 

[JA Trader 58]

Just now, David Horgan said:

CAT C hasnt bothered the van for two and half years and 60,000 miles , he must have known it was on register when he insured it , might even of come up on the Irish reg system when he put Irish Plates on it . 

Trying it on because he has a head gasket bill and no money 

If i had a like button.

[Funny Farm 7]

1 hour ago, RHA said:

No I haven't disappeared - just didn't have the notification box ticked so didn't realise there were replies!

My apologies for the lack of introduction - never been on a forum before so excuse me.  Trading for c3 years and selling primarily commercial vehicles.

Thank you to all who took the time to give advice.  Much appreciated.  

For those asking about the VAT position - as above we sell primarily commercial vehicles which are sold +VAT unless it is already lost by being owned by a non VAT registered customer (rare) or in this case as a result of an insurance write off.

One other thing might be relevant is that the vehicle was exported out of the UK into ROI (customer is ROI based)

Unfortunately don't have copies of adverts from 3 years ago.  Would have been on our own website but again once deleted is not recoverable after such a long period.

 

 

 

If the customer is not a UK citizen he would not get the rights he does under EU law. As the vehicle has been exported he would not be entitled to the statuary rights we have as UK citizens. The car becomes sold as seen.  

[RHA 1]

1 hour ago, Funny Farm said:

If the customer is not a UK citizen he would not get the rights he does under EU law. As the vehicle has been exported he would not be entitled to the statuary rights we have as UK citizens. The car becomes sold as seen.  

He is still in the EU though? 

[Funny Farm 7]

This is a Statutory UK law not EU law. Anyone from the ROI is immune from UK statutory rights and vice versa. 

[RHA 1]

1 hour ago, Funny Farm said:

This is a Statutory UK law not EU law. Anyone from the ROI is immune from UK statutory rights and vice versa. 

good to know - thank you.

[tradegirl 112]

22 hours ago, justina3 said:

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

Wow...after 2.5 years I'm amazed that that would still be the case.

[J.T 39]

4 minutes ago, tradegirl said:

Wow...after 2.5 years I'm amazed that that would still be the case.

He has 6 years to make a claim TG, though I doubt a judge would be giving him a full refund after two and a half years of use.

I agree with what the others had said though with him being in a foreign country he doesn't have a leg to stand on as he's exported it, unless he's a member of the IRA in which case give him whatever he wants 

[David Ayers 171]

Personally I think the export is irrelevant.

I would say the sale is governed by the law of the land where the contract was formed.

 

 

[trade vet 702]

Hi RHA

60 thousand miles in 2 years.? This is what I would do.Tell him that you have taken advice and you want sight of the import documentation and Irish MOT details to make a comparison.The duty is calculated on the Irish open market value which is far higher than here.It is not unknown for Irish guys in the past to increase the mileage and change their purchase invoice in order to reduce the duty payable.A vehicle on the hit list would also have a lower value.The punter will presumerably be able to get copies from the Irish tax people if he has’nt got them.

[RHA 1]

12 hours ago, trade vet said:

Hi RHA

60 thousand miles in 2 years.? This is what I would do.Tell him that you have taken advice and you want sight of the import documentation and Irish MOT details to make a comparison.The duty is calculated on the Irish open market value which is far higher than here.It is not unknown for Irish guys in the past to increase the mileage and change their purchase invoice in order to reduce the duty payable.A vehicle on the hit list would also have a lower value.The punter will presumerably be able to get copies from the Irish tax people if he has’nt got them.

I can see on Cartell that he didn't actually take it through VRT until 4 months after purchase.  I would say the miles are correct but will do no harm to ask the questions - thank you.

[MattR 177]

The car has left the country 2years ago, has done 60k, and now theres 'evidence of a poor repair'. Possibility of a poor accident repair in the last 2 years? Yes. He's only trying it on because of the head gasket issue. Play hardball, see you in court etc and cease contact unless by email or letter. 

[JA Trader 58]

22 minutes ago, MattR said:

The car has left the country 2years ago, has done 60k, and now theres 'evidence of a poor repair'. Possibility of a poor accident repair in the last 2 years? Yes. He's only trying it on because of the head gasket issue. Play hardball, see you in court etc and cease contact unless by email or letter. 

LIKE

I agree completely this is nothing to do with the category he is upset about his head gasket

[BHM 994]

I’ll make a serious & genuine comment; Tell him to fuck off & see what occurs.

My guess is sweet f.a.

[RHA 1]

UPDATE  The driver (I.e. not the person who was actually invoiced for the vehicle) has just landed with his wifes brother to the office to "sort this out".  A long conversation with lots of chat about him not knowing it was crashed (before changing that to denial to "doesn't matter if I did- it wasnt written on the invoice". and it had driven his children and his brother in laws children around and they "could have been killed" etc etc. (happy to ignore the MOT's and 60000 miles it had done without incident).   Upshot is he thinks if it hadn't been crashed he could have sold it for 3000 more than he paid for it (yes even 60000 miles later) but he's willing to accept 2000 less than he paid.  We have met him part way to that at more than fair value for the vehicle just to make it go away but he is not interested.  Had left it with him in writing to think about but he refused to even accept the piece of paper.  Has threatened to go to the media and "expose" me. 

Just another fun day at the office!!