Van and Sale of Good Act

moneymakestheworldgoround

Hi

I paid £3k for a van last October. Drove it a short distance and found the gearbox was terrible. I phoned them, was told my responsibility to get it back to the garage, waited for hours for the AA only to be told it was too big to be recovered. Left it at service station, arranged for it to be transported back to the garage which took a couple of days.

I sent the template letters on the consumer website, stating returned the vehicle under sale of good act etc... Got back letters saying being charged for storage, nothing wrong with gearbox and I needed to collect it. I then spoke to an adviser at the consumer group who advised me to submit an online claim for court action. I prepared this in January but couldnt afford to pay the fee. In February I got depression, then in March found out I was pregnant and for various other rubbish excuses I havent submitted the claim.

I have been trying to avoid this whole situation as I have got very down about it all and have found the garage very intimidating. In June they applied for a V5 in their name and I assume sold the van on. My family have been telling me to chase it up for months, but I have been pretending it doesnt exist.

My question is, am I right in thinking this has gone on for too long now and it is no longer timely to submit a claim? Am I right to just cut my losses and get on with life, or should I chase this?

Sorry - I have no idea on the law and I am too afraid to speak to anyone about this in person.

moneymakestheworldgoround

Shamefully bumping up !

Anihilator

As normal consumer direct talking !!!!.

Firstly did you test drive the van? Was it not obvious the gear box was dodgy.

Within the first 6 months it would be for them to prove the gear box wasnt faulty. A Mechanics report would have done this.

I personally would suggest any court case now would be lengthy, complex and fail therefore yes I think you should cut your losses.

You have no access to the van to prove your point and no proof to win a case thus they will state the van was yours and thus they could charge storage.

They maybe shouldnt legally have sold the van but would suggest maybe your better off they sold the knackered van and wrote off the storage charges.

moneymakestheworldgoround

Hi

Thanks for the reply.

They wouldnt let me test drive it, but they did a lengthy test drive round a large yard for 10 mins. My partner drove it out of London and it was lovely. However, on hitting the motorway it became apparant that 3rd gear upwards didnt exist. So all the test drives in the world in the London traffic wouldnt have shown up the problems - damn traffic !!

The declared mileage was incorrect too - it was in kms, and the amount they put in the advert and on the invoice was grossly underestimated in miles.

The Consumer Direct had said the incorrect mileage was enough to return the vehicle, let alone the gearbox. They also said I didnt need to accept the vehicle repaired, I could ask for my money back as it was within hours of the sale.

I appreciate the comment about storage - can they still legally charge storage fees if you have technically returned the vehicle under the SofGA and requested your money back? They are only storing it because they refused to pay me ? I dont understand the process so I apologise for my ignorance in advance !!

The only info I could provide are pictures of the van that I took of problems, and the AA mans report on the issues he found when he came out. I am guessing these are nothing compared to a complete mechanical report that I should have got?

In my head I have written off the money. I just dont understand how a vehicle sold as fit for use wasnt. The Consumer Direct group implied it was so easy, just return it, send letters recorded delivery etc.. but the hassle and abuse I got from the garage was enough to make me ill ! I guess I fell right into their hands by burying my head and giving up !!

Anihilator

moneymakestheworldgoround wrote: »

Hi

Thanks for the reply.

They wouldnt let me test drive it, but they did a lengthy test drive round a large yard for 10 mins. My partner drove it out of London and it was lovely. However, on hitting the motorway it became apparant that 3rd gear upwards didnt exist. So all the test drives in the world in the London traffic wouldnt have shown up the problems - damn traffic !!

The declared mileage was incorrect too - it was in kms, and the amount they put in the advert and on the invoice was grossly underestimated in miles.

The Consumer Direct had said the incorrect mileage was enough to return the vehicle, let alone the gearbox. They also said I didnt need to accept the vehicle repaired, I could ask for my money back as it was within hours of the sale.

I appreciate the comment about storage - can they still legally charge storage fees if you have technically returned the vehicle under the SofGA and requested your money back? They are only storing it because they refused to pay me ? I dont understand the process so I apologise for my ignorance in advance !!

The only info I could provide are pictures of the van that I took of problems, and the AA mans report on the issues he found when he came out. I am guessing these are nothing compared to a complete mechanical report that I should have got?

In my head I have written off the money. I just dont understand how a vehicle sold as fit for use wasnt. The Consumer Direct group implied it was so easy, just return it, send letters recorded delivery etc.. but the hassle and abuse I got from the garage was enough to make me ill ! I guess I fell right into their hands by burying my head and giving up !!

I think the problem is you never returned it properly under the SOGA. Therefore the burden of proof has now passed to you. Do you have a report from the AA stating the gearbox was knackered or proof of the dodgy mileage?

Without these I think you are going to struggle.

moneymakestheworldgoround

I am not familar with legal issues, so I followed 100% what Consumer Direct told me on the phone and on the website.

I sent a letter stating not happy about mileage incorrect and gearbox fault and that I was returning the van under the SofGA and requested a refund.

I got a letter back saying we'll look into it - give us 30 days.

I didnt get a reply so I sent 2nd letter saying since not received reply of enclosed letter, I am requesting money back or further action.

Got reply back saying van all ok, just needed oil, come and get it.

I replied saying I dont want the van back, it has been returned under SofGA and I want a full refund within 7 days or court.

Got a reply back saying no refund, being charged storage and its here waiting for you.

I then almost completed the claim online, but didnt process fully due to not having the money.

I received several phone calls from them in between these letters which were intimidating, but I have no proof of these, just dates recorded on when received.

I have the copy of the advert with mileage stated, and it had been written on the invoice in miles, but I then have a picture of the speedo with the kms showing. I cant remember off hand without digging out the folder, but they said in miles it worked out as 54,000 but in fact it should have been 97,000 when you converted the kms into miles.

I have the sheet from the AA which states the gearbox wasnt functioning correctly. But not an indepth report.

I didnt do enough research on the Sale of Goods Act. I just assumed the process detailed on the Consumer website was correct. And the fact that if I could have returned the van based on incorrect mileage alone, that full mechanical reports were not necessary for the gearbox issue, it was just an additional reason to refuse the vehicle.

Is there a link to correct process I should have followed on this site somewhere? I hope I dont have an issue again, but perhaps I need to read up about it in case !

Anihilator

Based on what you have written I don't think you have a chance and are liable for storage costs. They have sold the van. Ask how much and ask for any excess. The problem is if the storage costs cost more than you sold the van then you may find you are sued for the rest.