Broken-down van

soba

I bought a used van from a main dealer and picked it up (paid by debit card from a business a/c). Within ten minutes there were warning lights on the dashboard and it had to go back for attention. One day later they've told me that the van (which came with a 1 year warranty) is uneconomical to repair and they've given me a refund which leaves me with no van and work piling up.
The van was a good price and I doubt I'll get something similar for the same price and whilst I'm looking I'll have to hire a van.
Is this a case of loss of bargain and I could claim back my van hire charges? And if I got a similar van but for more money would the original dealer be liable for the difference? Or does the fact that I've been refunded make a difference?
Thanks

Hintza

They have put you back in the position you were in before the contract was formed.

The van was obviously a good price because it was knackered, perhaps you should get someone to look over the next van before you buy.

lincroft1710

soba wrote: »

. One day later they've told me that the van (which came with a 1 year warranty) is uneconomical to repair

The van was a good price

But turned out not to be such a bargain! Probably so priced because there was a possibility there would be problems due to age or mileage.

frugal_mike

You bought it as a business so would probably need to check the terms and conditions in your contract. Consumer rights probably don't apply, so they may not even have needed to refund you at all (again depending on the terms and conditions, and their description of the van).

soba

Van was three years old and I had no reason to think that it was on its last legs. And it wasn't a bargain in the sense that it cost next to nothing - it was over 10 grand.

vaio

Hintza wrote: »

They have put you back in the position you were in before the contract was formed.........

Do they?

I thought they had to put you in the position you would have been in had they not breached the contract?

soba

That was my understanding too, vaio.

vaio

yep, it's well established that just because their side becomes more expensive than they thought it was going to be doesn't allow them to escape the contract.

pragmatically, how much time & energy do you want to spend chasing maybe a grand?

I think I'd be talking to them to see if they could source a replacement van or give you a loan van for a week or two so you can work whilst finding a replacement.

arcon5

I'd be counting myself lucky that i've used a reputable dealer and not been fobbed off more months whilst they play a game of guess what the problem is

Bantex_2

vaio wrote: »

Do they?

I thought they had to put you in the position you would have been in had they not breached the contract?

In what way have they breached any contract?

vaio

I'd have though that was obvious.......they entered a contract to supply a van of reasonable quality to the OP