Bought a van for £8600 on finance last week, it's faulty, what are my rights?

ruth0220

We bought a van from Lookers in Birmingham last weekend, signing a finance agreement. They couldn't let me have it when we turned up as there was an engine management fault, they said they'd send it back to their local Fiat garage to have it fixed (They are a Vauxhall dealership). They said they'd deliver it to my address in liverpool within a few days. On this day, they phoned to say the problem had occurred again and they couldn't deliver it (I was using one of their courtesy vans). The next day it arrived and they took the courtesy van away. However, the engine management light has come on again and at one point today I couldn't even turn the engine off, and had to stall it! I'm not happy at all with my purchase, am I entitled to a cooling off period, or at what point can I say enough's enough and have them replace it like for like? I am very worried! Thanks. (The finance agreement was agreed over the phone 14 days ago, I visited their dealership to collect the van 10 days ago, signed all the paperwork but then came away with the courtesy van because the fault had occurred)

bris

You have not accepted the vehicle yet as it's been faulty from day one. Tell them you want a full refund and reject it. If they don't accept this, get the finance company involved and they will sort it out for you.

mo786uk

as above

what type of finance is it? if it is HP the van is owned by the finance company so they are technically liabel for any faults

ruth0220

Thanks guys. Only I actually HAVE accepted the van, they delivered it last Thursday, took them 3 attempts because of the engine management light. They said they'll come and sort it out (Lookers) but I'd rather get rid of it and get another one. I've already paid £2k as a deposit to the finance company. Not sure there's much I can do, but the van is clearly faulty and not fit for sale!

bris

ruth0220 wrote: »

Thanks guys. Only I actually HAVE accepted the van, they delivered it last Thursday, faulty and not fit for sale!

Not in the context we mean, taking delivery is only one part of acceptance.
If you took delivery and had trouble free driving for even as little as a couple of days then it could be said you accepted the van. In this case the van has never been acceptable to you due to the fault. So even though you have the van, it's never been acceptable to you, if you know what I mean.

vax2002

I would find a working video camera and a buddy, return the van to the dealer with documents but keep copies and video tape the hand back and reason why and video tape any evidence of faults.
Leave the van and the keys with the dealer and a letter stating you reject the vehicle under Sale of goods act as it is unfit for purpose and the dealer has made numerous attempts to rectify the situation which all failed.
Waiting for them to act runs up the calender and every day you have the van makes the case against you stronger.

ruth0220

Ah, I see. I was looking into cooling off periods, but it's not that I've changed my mind, but that the van is not working properly. I will contact the finance company and see what they say about it, with regards to me already paying a large deposit. The trouble it's caused, I really do not have time for all this! Thanks for your help

ruth0220

Yes Vax, I'm aware about the timeline here and accept that the longer I keep the van the more strength they have for their case. Nice idea about the video camera, might resort to doing that!