Advice please

Guest101

sold as seen applies to private sales, not dealerships. they can right whatever they want on the small print, statutory rights arent affected.

Dont let the garage do any more work, contact the dealers tomorrow and get thir opinion. if they offer refund, brilliant. if not get onto your credit card company, paid off or not, you're still covered my consumer credit act

colino

While the initial trader will argue that it was a B2B, sold as seen sale and you have compounded this by having another professional confirm it was roadworthy, just get it straight back to them and get your money back. A bona fida trader shouldn't let a sale through on a cheapo load-lugger to someone not able to check it over for themselves.
Be very clear that you have operated the van correctly with proper, daily driver checks of it.

Ultrasonic

What's 'B2B'?

colino

Business to business.

daisy1981

Update: my husband has spoken to the garage where he bought the used van. Basically we are getting fobbed off with the manager is never in. Plus because my husband has had the van for a month he has had his use out of it. I have since been in contact with the credit card company. Had to put it all into a letter. It can take upto 40 days to get a response. The van is still sitting outside our local garage. My husband has had two days off of work due to not having his work van. Now he is going to pick up a hire van for £30 per day. So we are going to be out of pocket again

Ultrasonic

Do you have a local CAB that you could talk to about this?

motorguy

colino wrote: »

While the initial trader will argue that it was a B2B, sold as seen sale
.

You're confusing the term 'trade to trade' with 'business to business'. The trader sold the car to a business and therefore is obliged to warrant the condition of the vehicle, of which this problem clearly falls into.

Also, as well you know, a trader cannot declare a vehicle as 'sold as seen' to avoid their responsibilities under the SOGA

colino

Thanks for not correcting my accurate post. Anyone buying a van is unlikely to buy it to go to the local tip once a fortnight with a bag of grass clippings, it will arguably be used robustly for business purposes.
During negotiations the deal was struck by reducing the price by the selling business to the buying business and the warranty was forfeited to achieve that reduced price.
However, out of the courtroom, where the vendor would realistically win having sold an old van to a business, who then had its roadworthiness confirmed (wrongly!) by a third party business, the vendor has thrown all of that away by selling via a, presumably personal, credit card.
I believe the vendor would win in a costly court case, but if he's such a muppet to sell an old van to someone unable to check it over usefully himself, and then let it go on a CC, he should refund and get the heap to the breaker asap.

arcon5

motorguy wrote: »

You're confusing the term 'trade to trade' with 'business to business'.

Trade to trade and business to business are not defined terms in law, thus in this case one and the same. It's either a B2B transaction or a B2C transaction.

The trader sold the car to a business and therefore is obliged to warrant the condition of the vehicle, of which this problem clearly falls into.

No business is expected to offer a warranty. This doesn't affect ones statutory rights though - but it's what rights op has that's up for question.

I'm not even sure we fully know the cause - making it very difficult to offer any kind of advise.

Also, as well you know, a trader cannot declare a vehicle as 'sold as seen' to avoid their responsibilities under the SOGA

Aspects of SoGA can be contracted out for B2B transactions. B2B transactions can be very complex so don't for a second think of them in the same light as consumer based transactions.

For consumer transactions, they cannot contract out of SoGA but soga does consider price and description, in this case an old, used and high mileage van.

So my husband called the rac who took the van back to the garage that advised my husband to wait for the work. Now we are told its going yo cost him £1700 to fix £1000 is for labour.

Sounds like a new engine jobby. You'll probably be able to get this much much cheaper elsewhere.

If the dealer are refusing to do anything you need to determine why this has happened. If it's been caused by a faulty injector then you will have problems, as you knew a fault was present and not only failed to notify the dealer but failed to deal with it.
Although I can't say i'm surprised an injector is failing on a high mileage vehicle. But I would expect more of a rough ride rather than a knocking - and surprised an injector would do this tbh.

You sure the engine wasn't over heating or something? Or something got through the air filter and in the engine?

arcon5

the vendor has thrown all of that away by selling via a, presumably personal, credit card.

Whys that?