consumer rights on secondhand vehicle

capeverde

Brief synopsis. I bought an Iveco daily LWB van from a registered dealer. Its a 57 plate with 76k. Its one owner with a FSH. Van is extremely tidy and seemed quite reasonable at 6395 plus VAT. When I called the dealer he said it came with a 3 month warranty and this is confirmed on their website. On the website it also says please call for our best price, which I did and we agreed on 6k plus vat. Picked the vehicle up, paid by debit card and 30 miles down the road it broke down. In all fairness I contacted them and they sent an Iveco mechanic out and it turned out to be a crack in an emission hose. No problems I thought, these things happen and they got it fixed within a couple of hours. Fast forward 10 days and the van started bellowing white smoke from the exhaust. Got the RAC out and it went on a low loader to a garage. Not had the bad news yet as it only happened last night but the first opinion is it may be the turbo. I contacted the dealer who promptly told me I had forfeited the warranty as I hadnt paid screen price. On their website it says at the top about all vehicles having a 3 month warranty with no exceptions, but then right at the bottom, which I did not see initially it does say about the screen price bit. What redress do I have? Do I have the option to return the vehicle if all else fails, as I have said, I have had it under 2 weeks. I would happily keep it if they would honour their guarantee as I dont need the hassle of travelling to buy a new one. Thanks in advance for any help.

motorguy

capeverde wrote: »

Brief synopsis. I bought an Iveco daily LWB van from a registered dealer. Its a 57 plate with 76k. Its one owner with a FSH. Van is extremely tidy and seemed quite reasonable at 6395 plus VAT. When I called the dealer he said it came with a 3 month warranty and this is confirmed on their website. On the website it also says please call for our best price, which I did and we agreed on 6k plus vat. Picked the vehicle up, paid by debit card and 30 miles down the road it broke down. In all fairness I contacted them and they sent an Iveco mechanic out and it turned out to be a crack in an emission hose. No problems I thought, these things happen and they got it fixed within a couple of hours. Fast forward 10 days and the van started bellowing white smoke from the exhaust. Got the RAC out and it went on a low loader to a garage. Not had the bad news yet as it only happened last night but the first opinion is it may be the turbo. I contacted the dealer who promptly told me I had forfeited the warranty as I hadnt paid screen price. On their website it says at the top about all vehicles having a 3 month warranty with no exceptions, but then right at the bottom, which I did not see initially it does say about the screen price bit. What redress do I have? Do I have the option to return the vehicle if all else fails, as I have said, I have had it under 2 weeks. I would happily keep it if they would honour their guarantee as I dont need the hassle of travelling to buy a new one. Thanks in advance for any help.

He doesnt have to provide a warranty, but he does have to warrant the condition of the vehicle. He has no choice in that, and he cant just decide that its not covered.

Sale of Goods Act is on your side here.

capeverde

so whats the next step, I will find out the damage on monday. In all honesty if its a couple of hundred quid I'll just pay it, but if its around the thousand quid mark which I feel it might be, I would want redress. Obviously I should email him and wait his response. If he again says he has no liability, what are the steps and timescales. ps Im not backward at coming forward and can play hardball with the best if required. In the meantime though the company is a van down. If he refuses to get it fixed, do I pay and then try and claim it back or do I hire a van etc etc.

Hintza

No you must give him the opportunity to fix it. If he refuses get a report (not from a mate's garage but AA or such like) and then send him a letter giving 14 days notice before action.

capeverde

Hintza wrote: »

No you must give him the opportunity to fix it. If he refuses get a report (not from a mate's garage but AA or such like) and then send him a letter giving 14 days notice before action.

Problem is distance, we are about 200 miles apart and the vehicle is at the only place locally where it can be repaired (due to size). It cant be moved except on a low loader. What happens in the meantime though? If the van is off the road it loses me £ 500 a day.If he argues the case it could potentially take weeks for a resolution. Can lost revenue be claimed back in this instance. If not basically its pointless me pursuing the matter.

Hintza

This is a problem buying cars/vans miles away, if anything goes wrong it leaves you with a headache.

You must give him the chance to fix it or ask im to approve repairs (which he probably won't do)

wannabehermit

http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Buyingacar-yourconsumerrights/DG_183047

This page has lots of info and links about what you need to do as well as templates of letter that you may need to write.

capeverde

update,

if you use the vehicle for your business your rights are eroded. you basically dont have any of the consumer rights, all you can do is take them to court for breach of contract. Also when you have to give the garage the opportunity to repair the vehicle, you have to arrange to take it to them!! Im a bit astounded by this, it would cost far more than the repair hiring a truck to transpport a 7m vehicle 200 miles. cant quite work out whether the woman i spoke to from trading standards was new in the job.

Jeff_Bridges_hair

pgilc1 wrote: »

He doesnt have to provide a warranty, but he does have to warrant the condition of the vehicle. He has no choice in that, and he cant just decide that its not covered.

Sale of Goods Act is on your side here.

SOGA doessnt apply if this is a B2B transaction. Being a white van im assuming the OP bought this for business purposes.

capeverde

Jeff_Bridges_hair wrote: »

SOGA doessnt apply if this is a B2B transaction. Being a white van im assuming the OP bought this for business purposes.

yes see my post above. breach of contract only apparently.