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Subject Topic: Advice regarding Selling Van Post Reply Post New Topic
PersonTiggy246
23/6/2023 at 4:26pm
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Hi,

Please can someone give me some advice? I have sold my caravan. I thought it was in nice condition for its age. It had a damp patch that was repaired previously and I told the buyer this. Buyer did not come and view but paid by bank transfer and sent a collection company. Buyer has decided that it has further damp and the floor is unsafe. (The floor is the same as when we bought it 5 years ago so not sure what he is talking about and I would not have knowingly sold it with obvious damp). He wants a refund or is threatening legal action. He lives 4 hours away so now I am going to be out of pocket having to go and collect it. So I said he should pay towards the pick up as he already paid for a delivery service and is out of pocket he is refusing. I’m trying to be reasonable but he’s not a very nice man. I can’t help thinking that if he had bothered to view it none of this would have happened and as he’s an expert on damp 🤦🏻‍♀️ he probably could have given us some advice! Any help,or advice would be greatly appreciated. Thanks.


Personmarg6
23/6/2023 at 6:12pm
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ok tell him to give you proof of the damp from a reputable dealer in writing, he can threaten all he likes! but it was a private sale, one that you had told him of the damp. he should have come and veiwed it! personally i would never sell my caravan or anything else for that matter in the way you have done, its jut asking for trouble. oh have you checked out the person? his address or his name on google to see what it throws up


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PersonBiosdoctor
23/6/2023 at 8:17pm
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Ignore him.
Private sales are buyer beware, no distance selling regulations to fall back on.

-------------
"Whether you think you can, or think you can't... You're right"

Trigano Chantiily TT > 87 Compass Connoisseur 380 > 2001 Bailey Ranger 500/5 > 2007 Sterling Europa 530 > Trigano Vendome > Bailey 546


PersonTiggy246
via mobile 23/6/2023 at 10:00pm
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Thank you. I realise the mistake I’ve made..never again!!! Yes, I did check as I thought it was possibly a scam. Nothing out of the ordinary found.


Personmarg6
23/6/2023 at 11:45pm
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just out of curiosity, but wondering which dealer he is? now i know you cant go naming the company on here, but you can say stuff like the one in such a part of where ever for example to the left of heathrow (not that there is one there but you know what i mean i hope)


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Personlidds0
via mobile 24/6/2023 at 7:13am
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Did you misrepresent the van in any way in the ad, such as 'no damp' or 'excellent condition throughout'? Did you say 'only one small damp patch, previously repaired'? I think I'd be scrutinising the wording of the ad and any subsequent email communications.

If you didn't misrepresent and you sold in good faith, I don't think the buyer has a leg to stand on. He clearly felt sufficiently confident to buy the van unseen and send some sort of agency to collect - why?

Did you supply a receipt? Did it make any claims regarding the condition or any implied warranty?

I know private sales are 'buyer beware' but it would be awful to buy a van on trust then find it's a rot-box, so I do have some empathy for the buyer IF that's the case. However, something made him determined to buy without viewing, so he took a chance. Was it the price or possibly the wording of your ad, or later communications?

If none of the above then you're within your rights to simply not respond. How can you know what's happened to the van whilst it's been away?

If you do decide to refund, it's worth asking for a professional report ' at his expense - proving the points he's making. It could be that he's simply changed his mind or found another van he likes better, so wants his money back.


Personlidds0
via mobile 24/6/2023 at 7:21am
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By the way, 'legal action' means small claims court and it would be a very arduous process for him with no guarantee he'd ever see a penny unless he can prove without a doubt that the van was grossly and deliberately misrepresented by you, so don't let that worry you. It's a route he won't go down unless he has irrefutable evidence, believe me!


Personiank01
24/6/2023 at 9:58am
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It was a private sale "Buyer beware" and he does NOT have a leg to stand on. He had the opportunity to view the caravan. Besides you have no idea if he has caused any damage between the caravan being collected and the present. For all you know he could have stripped the caravan, replaced the tyres etc.    

Just ignore him and if he continues to pester you, remind him that it is a criminal offence under the Protection from Harassment Act 1997.

https://www.legislation.gov.uk/ukpga/1997/40/contents


Persontrog100
24/6/2023 at 10:28am
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even if he is correct i dont think he has much chance of getting his money back but from his point of view its worth a try..

trog


PersonTiggy246
via mobile 24/6/2023 at 10:37am
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Quote: Originally posted by marg6 on 23/6/2023
just out of curiosity, but wondering which dealer he is? now i know you cant go naming the company on here, but you can say stuff like the one in such a part of where ever for example to the left of heathrow (not that there is one there but you know what i mean i hope)

Hi, he’s not a dealer. It was all private.


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PersonTiggy246
via mobile 24/6/2023 at 10:40am
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Thanks so much for all your messages. The van is a very good price. I sent a whole bunch of pictures and told him of everything I knew about it and I still stick by that. (And pics of the repair in the bathroom!). It is a nice van that’s +20 years old. It’s not pristine but you can see that in the pics. Not sure what else I could have done.


Personiank01
24/6/2023 at 10:48am
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Quote: Originally posted by Tiggy246 on 24/6/2023
Thanks so much for all your messages. The van is a very good price. I sent a whole bunch of pictures and told him of everything I knew about it and I still stick by that. (And pics of the repair in the bathroom!). It is a nice van that’s +20 years old. It’s not pristine but you can see that in the pics. Not sure what else I could have done.


As suggested by many others, private sale and he had the opportunity to view. Keep the money and ignore him.



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