[Kate75]

:confused:I would like to ask for your advice.
I sold my Nissan Micra in December in 2008 as a private seller. The car worked perfecly, passed the MOT and I never caused any damage on it. The customer tested it several times, he didn't find fault with the car.
He sent me a letter 10 months later after the purchase. He complains about currently not driving the car,beacuse he find,this car has been written off as category-D by insurer in the past. HE BELIVES it to be in a dangerous and unfit state to use on the road. In his opinion one and only viable option is scrap the car and I need to pay back some compensation as a remedy, otherwise he has to seek legal action. He wrote that I didn't informed him the car was written off under category D. But, I didn't know this fact and I have never heard before what the cat.D is. After I had received his letter I looked for some information from the Internet.
- What does the Cat-D mean?
- What are the rights by a privat selling?
Altogether, I informed him honestly, with my best knowledge, I didn't lie, I sold an undangerous car because passed the MOT successfully in my possession.(should passed in his poss. as well) In my opinion he isn't eligable for any compensation.

Before I reply to him I would like to know your opinion.

Thank you for your help!
Kate

(PS.: Sorry for my English)

[Hometune]

You sold this car privately to a buyer. You were, therefore, not obliged to inform him it was a Cat D insurance job. Had you been a trader or dealer then you would have to disclose this fact.
The vehicle was not in an unroadworthy condition as it had just successfully passed an MoT. You cannot be accused of that offence.
The buyer should have carried out an HPI check or equivalent before he bought the car. This is a check with a database that lists all known cars that have a hidden history such as stolen/recovered, accident damaged or indeed, written off as an uneconomical repair.
In my opinion, this buyer is 'trying it on' now that he has discovered the Cat D tag on the database. The car will be worth less now because of it. It is entirely his problem as he had a duty to check the history BEFORE buying, not afterwards.
I write this with some knowledge as there is a thread by me concerning a car I bought about 18 months ago which is similar to yours except the seller was a trader and had to give me my money back. I was in contact with Trading Standards, V.O.S.A. (MoT people) and the police.
I would write a strong letter in reply (must keep copies of all correspondence) telling him you were not aware of any insurance category and that you sold it in good faith. The date of the category D will prove it occurred BEFORE you bought it. Advise him that he has to carry out his own checks before purchase and that you will not be compensating him. I would also advise him that if he persists, then you would consult a solicitor to put an end to this harassment.
Don't give in!!!

[smudger]

Well that should put Kate's mind at ease Hometune, after all it doesn't cost a lot these days, as you can do one via texting for as little as £3 plus the cost of the text.:cool:
So if anyone is buying a car through a private seller and doesn't even bother to do any checks like that, they leave themselves wide open.

I hope it all goes works out for you Kate, and good luck with it, thre should be no problems if you follow Hometunes advise;)

[Kate75]

Thanks for make sure in my right.
Kate75