Sold the wrong car

James2k

AdrianC wrote: »

Commuting does not equal business use.
"Occasional meeting trips"? I hope you've got business use on your insurance...

No, because i don't, it was an example. I use a 737 for work.

I wasn't talking about commuting as you pointed out.

Herzlos

What did you actually pay for the car?


Captivas haven't been made for a few years and the values dropped when Chrevrolet left the UK market, so I'm assuming you didn't pay much. It'd likely be a lot cheaper for you to find a 4x4 version and just trade in against it. That way you're only maybe losing £1000 on the deal.

Neddone wrote: »

I did not purchase the vehicle as a business, I bought it as a 'consumer' as my main use vehicle, using personal funds. I will also use it to go on site, when required, as part of my job as an event manager, hence why I stipulated that I needed 4WD capability as a requirement from this vehicle.

You'll still need to insure it for business use. Are you self employed? In which case it being a personal car may be a bit fuzzy.


Also what are the sites like? I really doubt you actually need 4 driven wheels if you're just dealing with the occasional dirt track or field - some decent mud & snow tyres will do the job for about £400.

James2k wrote: »

Rubbish, its a car he uses for work as well as other things, if this were the case most of us here would be business to business.

Most of us would look at everything the car is used for and buy accordingly, be it good mpg, 5 doors to fit extra colleagues for an occasional meeting trip, anything. doesn't automatically make you a b2b purchaser..

Almost no-one uses their car *for* work, beyond getting there (to a single location), or maybe the occasional trip to collect office supplies or giving a co-worker a lift.
The OP is actually using it s to do work (carrying work goods, visiting sites).

foxy-stoat

k6chris wrote: »

foxy-stoat........

Who cares ?

matttye

AdrianC wrote: »

You are buying it with the intent of using it for business purposes, and those business purposes are directly dictating the requirements - more than that, they're directly dictating the particular requirement that this dispute is over.

Sorry, but that means it is not a consumer purchase.

That’s not necessarily correct. If the majority of the vehicle’s use is personal use, he may still be held to be a consumer even if it his business needs dictating his requirements.

As per the explanatory note of the Consumer Rights Act 2015:

36.Another key definition is the definition of “consumer”. Firstly, a consumer must be an “individual” (that is, a natural person) – the Act’s protection for consumers does not apply to small businesses or legally incorporated organisations (e.g. companies formed by groups of residents). If a group of consumers contracts for goods, services or digital content, they are not left without protection. For example if one consumer makes all the arrangements for a group to go to the theatre or to go on holiday, depending on the circumstances, each member of the group may be able to enforce their rights or the person who made the arrangements may have to enforce the rights on behalf of the group. The other main restriction on who is a consumer is that a consumer must be acting wholly or mainly outside their trade, business, craft or profession. This means, for example, that a person who buys a kettle for their home, works from home one day a week and uses it on the days when working from home would still be a consumer. Conversely a sole trader that operates from a private dwelling who buys a printer of which 95% of the use is for the purposes of the business, is not likely to be held to be a consumer (and therefore the rights in this Part will not protect that sole trader but they would have to look to other legislation. For example, if the sole trader were buying goods, they would have to look to the SGA for protections about the quality of the goods).

cubegame

To be fair, any 4x4 which is available in a 2WD flavour isn't a real 4x4 anyway so probably won't be much cop in muddy fields.

Herzlos

cubegame wrote: »

To be fair, any 4x4 which is available in a 2WD flavour isn't a real 4x4 anyway so probably won't be much cop in muddy fields.

I've taken 4x4s that have a 4x2 model quite far off-road without any problems. Skoda Yeti, Kia Sportage, Nissan X-trail, Hyundai ix35 all fall into that category and can handle the odd field.

I wouldn't use them for mountain rescue, but a muddy field will be ok.

buglawton

With references to 4WD about slipping in a leafy road or the back end sliding out on a roundabout, I seriously wonder how real the need is. Is it alll in the mind?

The Telegraph Honest John column gets questions about 4WD and he says that even in snow the type of tyre is more critical than 4WD.

What's your real world use-case, OP?

foxy-stoat

I dont think the OP is coming back.

lincroft1710

cubegame wrote: »

To be fair, any 4x4 which is available in a 2WD flavour isn't a real 4x4 anyway so probably won't be much cop in muddy fields.

In 1959, Willys, later to become the Jeep Corporation, who have been making the most famous 4 x 4 in the world for over 75 years made a 4 x 2 version of the Jeep.

AdrianC

lincroft1710 wrote: »

In 1959, Willys, later to become the Jeep Corporation, who have been making the most famous 4 x 4 in the world for over 75 years made a 4 x 2 version of the Jeep.

There have also been 4x2 versions of the Land Rover - and I mean proper "series" Landies as well as modern plastic stuff like the Evoque and Freelander/DiscoSport)