Misrepresentation??

cloverfield_2

We bough a van about a month ago.
The trader disclosed some problmes with it which we fully accept (acouple of dings and dents) However we asked that the cab be in A1 condition as we had every intention of turning it into a motrohome.
As the van was around 200 miles away we arranged for it to be delivered and paid on a credit card.
The van is not as described at all:mad:
There has been a bad paint repair, the passenger head rest has been chewed by a dog. The seat has cigarette burn, the glovebox is broken. There is a damaged drivers door mirror, the floor is ripped (on the picture of the vehicle in the ad this was covered up by brown paper). There is no service history, spare key or spare wheel.
I have been in touch with the trader numerous times and everytime I have had the response that he is getting the service history and sourcing the spare parts and we are in negoiations over some sort of reimbursement to put right some of this work.
Do we have any legal rights as most of this verbal agreements?
Any help and advice greatly appreciated.
Thanks

wealdroam

cloverfield wrote: »

Do we have any legal rights as most of this verbal agreements?

Verbal agreements are just as binding as written ones.

But of course, as you know, the problem is proving who said what.

cloverfield_2

Can you make a section 75 claim for a vehicle being over priced then for its condition. We are looking at about £1500 just to get this van in the condition the guy said it was in.
Sadly i havent kept a copy of the advert but i do have the pictures that he sent us.

aheaton46

Have you been in touch by email or phone? At least with email you would have a written record that they acknowledge something is wrong.

You really need to try and get hold of a copy of the advert as well.

Given that you paid for a second hand van without seeing it, and have also got rid of the original advert, you're relying on the sellers goodwill more than anything else now.

cloverfield_2

He is avoiding all email and now phone communication.
Without the service history the van is worthless, and without a spare wheel it wont pass its mot (i believe).
The guy has also now closed the company we bought it from and opened in the same place in a different name.
Think this van was get it out quick and get some money back before closing. The guy also charged us VAT but the reciept does not have VAT stated on it. Do we have any comeback there?
Many Thanks

aheaton46

If the company has been wound up you will need to claim on your credit card. But how are you going to prove anything to them?

Equaliser123

cloverfield wrote: »

He is avoiding all email and now phone communication.
Without the service history the van is worthless, and without a spare wheel it wont pass its mot (i believe).
The guy has also now closed the company we bought it from and opened in the same place in a different name.
Think this van was get it out quick and get some money back before closing. The guy also charged us VAT but the reciept does not have VAT stated on it. Do we have any comeback there?
Many Thanks

Do you know whether the company has been wound up or simply had the name changed?

cloverfield_2

Auto trader have been more than helpful and sent me a copy of the advert. So i guess this is our first bit of proof.

cloverfield_2

they were part of a group with another company next door but think they have split from them and changed the name

unholyangel

cloverfield wrote: »

He is avoiding all email and now phone communication.
Without the service history the van is worthless, and without a spare wheel it wont pass its mot (i believe).
The guy has also now closed the company we bought it from and opened in the same place in a different name.
Think this van was get it out quick and get some money back before closing. The guy also charged us VAT but the reciept does not have VAT stated on it. Do we have any comeback there?
Many Thanks

He closed the company how? Was it a limited company? Has he definitely closed the company or just changed the name of it? - Ahhhh i see Equaliser beat me to it lol

As for the spare wheel, if the MOT is basically the same as cars, then if you have a spare wheel it must be roadworthy. BUT if you take the spare wheel out (if you cant afford to get one right now), it wont cause it to fail its MOT. Maybe worth checking with a local garage to confirm but i know my sister has done it with 2 of her cars.

Equaliser123

cloverfield wrote: »

they were part of a group with another company next door but think they have split from them and changed the name

What are the corporate details - name and registered number.