Hi, I am new to this site and wondered if you could give me some advice please?
I recently advertised a HGV vehicle on an auction website and sold it as "item not working" "spares and repairs".
I gave an extensive list of the work that needed completing on order for it to pass it's MOT as described by the commercial garage. This included rot on the back axle, tyres perished, brakes not sufficient, rot to the chasis, no lights, indicators not working plus many more I explained that the lorry had stood for five years and was unroadworthy hence being sold as spares or repairs. I did state that the engine still did start but gave no guarantee of it's mechanical soundness and invited full viewing before bidding.
A guy bid on the lorry and won. He spent 1.5 hours inspecting the vehicle before signing four receipts "sold as seen" and the V5 documents. He had originally told me he was getting the lorry transported home but then announced he was driving it home (approx. 200 miles). The lorry was not road worthy to do this but he stated he had "borrowed" trade plates as he didn't want to pay the transport fee to get it home.
He told me he was a private buyer and not from the trade. I am a private seller.
He had his young son in the lorry as a passenger.
It soon became apparent that the lorry was not fit to make this journey. He left it in the garage stating he would ask them to "patch it up" so he could come back and drive it home. he left with the keys, V5 documents (his parts) and a copy of the receipt.
He is now demanding his money back saying the vehicle is not roadworthy. I have had to get the police to warn him as his threats became more aggressive each time.
Can I ask, is it legal to borrow trade plates? If so, is it legal to drive a vehicle which is clearly documented as being so un road worthy such a distance? Can you carry passengers on trade plates?
Any thoughts or advice would be much appreciated.
You could charge him storage fees if he fails to remove his property.
When he said he was going to ask someone to patch it up, who did he mean?
Originally Posted by Jetsreamer
2. If it's unroadworthy, you can't drive it any distance.
3. I don't believe so, but I'm not 100% sure.
The vehicle was being stored in the Volvo commercial garage. They had done the pre MOT checks and when I realised how much needed doing, I decided to sell it as "not working, spares and repairs". He wanted the volvo engineers to "patch it up" as the engine was leaking water. had it not been, he would've driven it home. I thought it was unrealistic to expect the wagon to travel this distance with no problems giving that it required so much work.
Trade plates are for road tax only.so think of a trade plate as a tax disc.
Thank you, I didn't know that? I'm guessing there would be no legal justification for driving a vehicle that distance with no MOT then?
The guy is completely out of order and you have done the right thing by involving the police. It is not really your concern what he does as the truck belongs to him. You may wish to write formally to the garage giving them the details of the sale, if you have not already done so. This should relieve you of any storage charges since the date of the sale.
It thought he was but he's threatening all sorts of action against me. He has also tried to request 50% of the purchase price from my Paypal account despite him paying cash for the lorry. I had to contact my bank to ensure his request wasn't met. It looks likes he's wanting a 50% refund but also wants to keep the vehicle.
Thank you for your advice and thoughts everyone!
Welcome to the site Jetstreamer, it sounds like this bloke has changed his mind about buying it, and is trying every trick in the book to get out of the deal, with his money back?
As already mentioned, he is now the owner of the truck, and he has signed the V5 document along with the 4 receipts with "sold as seen" on them, so basically its now his problem.
If he tries anything else to get out of the deal, you can always contact Ebay or Gu***ee, which ever site you sold it on, as they can also help you get this sorted out, good luck.
The guy's a fool, ignore him. There is no comeback on a private sale, unless there is a major fault which makes ut totallly unusable, which you do not mention. Keep a print-out of your Ebay entry, along with any bidding history. As you advised of its unroadworthiness, he hasn't a leg to stand on. In the event of his taking you to Court, (some people are stupid enough to do it, and he sounds like one of them), you only have to show your print-outs. You could probably claim costs from him for any Court appearances.