Paint work

SMF1

Hi All,
Just looking for advice. Purchased a horsebox in December 2019 from the company that originally built it on February 2019. They were selling it on behalf of the original customer who bought it but their circumstances had changed. 

Anyway the reason I’m posting is that the paint job on it is progressively getting worse very quickly. In key areas such as the wheel arches it’s totally white (van is grey) from all the road grit etc hitting it. Down the inside of the windscreen pillars there is no lacquer and it’s as rough as sand paper. I’ve yet to take pictures of the affected areas but if I had been the original customer to purchase it from the company I would have been requesting a respray. 

I do know the company has since changed the paint shop that they use to paint their vehicles so this must suggest that they were also unhappy. 

I’m just wondering where I stand with this as to get it resprayed myself I’ve been quoted between £3000-£4000. I don’t want to reject the horsebox as I’m very pleased with it other than the paint but was wondering if I have any grounds to have it fixed by them before I approach them and make them aware. 

Thanks in advance.

DoaM

As it's within 6 months from purchase then it is for the seller to prove that any fault was not inherent, rather than for the consumer to prove it was. The burden of proof changes after 6 months. What have the seller said when you contacted them?
This all assumes that you made the purchase as a consumer and not a business.

The_Rainmaker

DoaM I think in this instance you are incorrect.  As far as I can see it was a private sale and will have been purchased from the original buyer and not the manufacturer.

"They were selling it on behalf of the original customer"

shaun_from_Africa

The_Rainmaker said:

DoaM I think in this instance you are incorrect.  As far as I can see it was a private sale and will have been purchased from the original buyer and not the manufacturer.

"They were selling it on behalf of the original customer"

If they were selling on behalf of someone, it might still class as a B2C sale.
It all depends on who the payment was made to and if the dealership took a commission for the sale.

JJ_Egan

DoaM said:

As it's within 6 months from purchase then it is for the seller to prove that any fault was not inherent, rather than for the consumer to prove it was.

Even for a second hand sale ??

shaun_from_Africa

Yes.
There is nothing in the CRA that specifically differentiates between new and used goods.
The act does state that the quality of the goods can take various things into account, things such as the price paid so if the horsebox was extremely cheap then poor quality paintwork may be acceptable. However, as it was only built 1 year ago, it was probably a reasonably expensive item.

SMF1

It was £30,000 and the interest over the finance term brought it to £40,000. It was built in February 2019. The company I bought it from was selling it on behalf of the customer who bought it originally. 

SMF1

Link to images of the bad paint.

https://imgur.com/gallery/68sd5BY

DoaM

You've missed a question - to whom did you make the payment? (As you've mentioned finance then you may have Section 75 protection).

SMF1

DoaM said:

You've missed a question - to whom did you make the payment? (As you've mentioned finance then you may have Section 75 protection).

I was put in touch with the finance company that the horsebox manufacturer uses to sell his vehicles. Whether or not the funds were paid to him from the finance company and he then distributed the share to his client who he was selling on behalf of, I do not know.

The_Rainmaker

SMF1 said:

DoaM said:

You've missed a question - to whom did you make the payment? (As you've mentioned finance then you may have Section 75 protection).

I was put in touch with the finance company that the horsebox manufacturer uses to sell his vehicles. Whether or not the funds were paid to him from the finance company and he then distributed the share to his client who he was selling on behalf of, I do not know.

As things stand we must then assume you bought it from the original purchaser and it was up to you to ensure the box met your requirements and it is a case of buyer beware and you have no comeback against the manufacturer.
So you had best find out who you actually bought it from if you want to take this further.