Bought a van...paid a shed-load for repairs...am I entitled to a refund?

simonsmart111

Hello everyone,

I bought a van on 6/3/18 from a dealer. Everything seemed OK, although I'll admit it was a bit of an impulse buy and I didn't test drive it (really needed it for some big work opportunities coming up).

It drove OK for a couple of weeks. After doing about 500 miles in it, a warning light came on. Further to this, the front-right wheel started screeching. The dealer sold me the van with an RAC Silver warranty, so I thought I was covered.
I contacted the dealer about the problems, and they asked me to get the van to their mechanic to have a look at it. However, they are based an hour away from me, and I wasn't happy to drive the van in the condition it was. I also got the RAC out to have a look, and they advised getting to a local garage ASAP. This is what I did.

Turns out, the dealer provided me with the most basic warranty on the market, and none of the work was covered. I had to pay the bill, which was £640 (New ABS Sensor and Wheel Bearing). The dealer said they would refund me 'what they thought was a reasonable price, not the £640 I paid as this was apparently well over the odds?!). I agreed to avoid further agro...

Also worth noting, the dealer got his 'mechanic' (Mate) to MOT the van...My dad had a look at the tyres less than 1 month after buying it and noticed that the rear and front left tyres had a massive bald patch! I'll admit that my pre-purchase checks were pretty naff. That's another £230 spent to get them replaced.

2 weeks later, no reply from the dealer, who said they'd contact me on 9/4/18. Messaged dealer, said they'd call me later that day, nothing...
Messaged dealer again today...no reply yet...

So, judging from the above, can anyone advise me on the following:
1) Am I entitled to a refund from the dealer for these works, or have I shot myself in the foot by not going to his preferred mechanic?
2) I paid on credit card...does this sound like a viable reason to file a section 75 claim...either for the full price of the van, or the cost of the repairs performed within 30 days of ownership?

Wish I'd just acted on the Consumer Goods Act and returned the van for a refund...unfortunately that time has now passed

Thanks in advance for any advice...

bigisi

simonsmart111 wrote: »

Wish I'd just acted on the Consumer Goods Act and returned the van for a refund...unfortunately that time has now passed

The following quote:

simonsmart111 wrote: »

(really needed it for some big work opportunities coming up).

Sounds like it was a B2B purchase so no "consumer" rights would apply. (Also there's no such thing as the "Consumer Goods Act")

Even if they did the dealer has the right to an opportunity to repair, it's not his fault you bought a van an hour away so weren't willing to return it to him.

AdrianC

simonsmart111 wrote: »

I bought a van on 6/3/18 from a dealer. Everything seemed OK, although I'll admit it was a bit of an impulse buy and I didn't test drive it (really needed it for some big work opportunities coming up).

So a business purchase. Forget the CRA.

How old, what mileage, what price?

I contacted the dealer about the problems, and they asked me to get the van to their mechanic to have a look at it. However, they are based an hour away from me, and I wasn't happy to drive the van in the condition it was. I also got the RAC out to have a look, and they advised getting to a local garage ASAP. This is what I did.

Your choice to buy from an hour away. The RAC could have recovered it to the dealer.

Turns out, the dealer provided me with the most basic warranty on the market, and none of the work was covered. I had to pay the bill, which was £640 (New ABS Sensor and Wheel Bearing). The dealer said they would refund me 'what they thought was a reasonable price, not the £640 I paid as this was apparently well over the odds?!). I agreed to avoid further agro...

There y'go, then. Issue dealt with by mutual agreement.

Also worth noting, the dealer got his 'mechanic' (Mate) to MOT the van...

https://www.gov.uk/government/publications/complain-about-an-mot

My dad had a look at the tyres less than 1 month after buying it and noticed that the rear and front left tyres had a massive bald patch!

It's the driver's legal responsibility to check tyres are roadworthy at all times. You're the one who would have been fined and got points if Mr Plod had beaten your father to doing the basic checks you should be doing regularly.

forgotmyname

You did 500 miles over several weeks and failed to spot issues with the tyres?

motorguy

simonsmart111 wrote: »

Hello everyone,

I bought a van on 6/3/18 from a dealer. Everything seemed OK, although I'll admit it was a bit of an impulse buy and I didn't test drive it (really needed it for some big work opportunities coming up).

It drove OK for a couple of weeks. After doing about 500 miles in it, a warning light came on. Further to this, the front-right wheel started screeching. The dealer sold me the van with an RAC Silver warranty, so I thought I was covered.
I contacted the dealer about the problems, and they asked me to get the van to their mechanic to have a look at it. However, they are based an hour away from me, and I wasn't happy to drive the van in the condition it was. I also got the RAC out to have a look, and they advised getting to a local garage ASAP. This is what I did.

Turns out, the dealer provided me with the most basic warranty on the market, and none of the work was covered. I had to pay the bill, which was £640 (New ABS Sensor and Wheel Bearing). The dealer said they would refund me 'what they thought was a reasonable price, not the £640 I paid as this was apparently well over the odds?!). I agreed to avoid further agro...

Also worth noting, the dealer got his 'mechanic' (Mate) to MOT the van...My dad had a look at the tyres less than 1 month after buying it and noticed that the rear and front left tyres had a massive bald patch! I'll admit that my pre-purchase checks were pretty naff. That's another £230 spent to get them replaced.

2 weeks later, no reply from the dealer, who said they'd contact me on 9/4/18. Messaged dealer, said they'd call me later that day, nothing...
Messaged dealer again today...no reply yet...

So, judging from the above, can anyone advise me on the following:
1) Am I entitled to a refund from the dealer for these works, or have I shot myself in the foot by not going to his preferred mechanic?
2) I paid on credit card...does this sound like a viable reason to file a section 75 claim...either for the full price of the van, or the cost of the repairs performed within 30 days of ownership?

Wish I'd just acted on the Consumer Goods Act and returned the van for a refund...unfortunately that time has now passed

Thanks in advance for any advice...

I think the reality is, you maybe couldnt be bothered driving it back? A noisy wheel bearing and a light on on the dash wouldnt have been preventers.

Bald "patch" or a strip around the tyre with no tread on it? A bald "patch" would have resulted in bad vibration through the steering / van and a worn strip around the tyre may well have been legal.

"UK law requires that your vehicle is fitted with the correct type and size of tyre for the vehicle type you are driving and for the purpose it is being used. ... The legal limit for minimum depth of the tread on your tyres is 1.6 millimetres, across the central ¾ of the tread around the complete circumference of the tyre."

The time to check tyre condition was before you bought it.

And to answer your questions,

1) No, you're not and

2) No.

Age, miles, make & model and price paid would help too.

System

Business to business no consumer rights protection.

Business to consumer, you have protection but you had to give the dealer the opportunity to put it right which you didn't. They are not required to reimburse you for repairs you took upon yourself to do. And yes, £640 was laughably ridiculously expensive for that repair.

david_a

Business to business transactions are not covered but the 2015 CRA

However they are still covered by the Sale of Goods act.