Issue with second hand van with warranty

kristo32

Hi all,

I’ll try and condense an awkward long story!

Bought a van on 26th feb 2021 from a registered dealer (ltd company). The van was delivered and was fine until exactly one month later when I noticed issues with how it ran. A problem was obviously developing and a few mechanically minded friends could hear the issue. No work was done.
Aware of the warranty that I believe is legally in place when a vehicle is purchased from a dealer I contacted the dealer and he was initially fine. He told me that due to the distance he wouldn’t be prepared to pick it up however I should take it to a local garage for diagnosis and contact him and we would discuss him rectifying it. 

It turns out the injectors are failing and it needs 2. I’ve asked the garage to do all of them with the intention of billing the dealer for just the 2 failed parts. Fair????

I can now no longer reach the dealer. I have made many many calls and screenshot every attempt. I’ve sent 2 unanswered emails. I took advice from citizens advice who directed me to their webpage.
I paid £9000 for this van which has failed after four weeks and which I cannot see anybody arguing with me is unreasonable.

I will persist at my attempts to contact the man however I suspect it will be futile and I’ll get no response so I am gathering as much evidence as I can and keeping all communication logged.

I believe that by law the vehicle must be rectified as it’s less than 6 months old (to me)

My fear and questions are, had anyone experienced similar and what should i expect to happen with this issue. Will I have a reasonable chance of success if I have to seek legal help? Can anyone advise me on my best route to deal with this? What if (as has been suggested) the replacement of these injectors MAY not fix the issue and there might be further issues. (I haven’t had it back from the garage yet) 

thank you in advance for any assistance 

k

AdrianC

kristo32 said:

Aware of the warranty that I believe is legally in place when a vehicle is purchased from a dealer

No, there is no legal requirement for any warranty at all.

I believe that by law the vehicle must be rectified as it’s less than 6 months old (to me)

No, six months is merely the change in balance of proof under the Consumer Rights Act for proving that faults were not present at the time of purchase, to proving they were. Faults still need to be unreasonable to expect for used goods of that age, apparent condition, relative price.

BUT...
If you bought this van for work, then it is a business purchase, not a consumer one - the Consumer Rights Act does not apply.

EcoR1

You have to give the supplying dealer the chance to rectify the fault themselves. If you have the work done elsewhere without their authorisation the dealer can, and sounds like they will, refuse to reimburse you.

burlingtonfl6

kristo32 said:

Hi all,

I’ll try and condense an awkward long story!

Bought a van on 26th feb 2021 from a registered dealer (ltd company). The van was delivered and was fine until exactly one month later when I noticed issues with how it ran. A problem was obviously developing and a few mechanically minded friends could hear the issue. No work was done.
Aware of the warranty that I believe is legally in place when a vehicle is purchased from a dealer I contacted the dealer and he was initially fine. He told me that due to the distance he wouldn’t be prepared to pick it up however I should take it to a local garage for diagnosis and contact him and we would discuss him rectifying it. 

It turns out the injectors are failing and it needs 2. I’ve asked the garage to do all of them with the intention of billing the dealer for just the 2 failed parts. Fair????

I can now no longer reach the dealer. I have made many many calls and screenshot every attempt. I’ve sent 2 unanswered emails. I took advice from citizens advice who directed me to their webpage.
I paid £9000 for this van which has failed after four weeks and which I cannot see anybody arguing with me is unreasonable.

I will persist at my attempts to contact the man however I suspect it will be futile and I’ll get no response so I am gathering as much evidence as I can and keeping all communication logged.

I believe that by law the vehicle must be rectified as it’s less than 6 months old (to me)

My fear and questions are, had anyone experienced similar and what should i expect to happen with this issue. Will I have a reasonable chance of success if I have to seek legal help? Can anyone advise me on my best route to deal with this? What if (as has been suggested) the replacement of these injectors MAY not fix the issue and there might be further issues. (I haven’t had it back from the garage yet) 

thank you in advance for any assistance 

k

Not fair and the wrong action to take.

Ectophile

burlingtonfl6 said:

kristo32 said:

Hi all,

I’ll try and condense an awkward long story!

Bought a van on 26th feb 2021 from a registered dealer (ltd company). The van was delivered and was fine until exactly one month later when I noticed issues with how it ran. A problem was obviously developing and a few mechanically minded friends could hear the issue. No work was done.
Aware of the warranty that I believe is legally in place when a vehicle is purchased from a dealer I contacted the dealer and he was initially fine. He told me that due to the distance he wouldn’t be prepared to pick it up however I should take it to a local garage for diagnosis and contact him and we would discuss him rectifying it. 

It turns out the injectors are failing and it needs 2. I’ve asked the garage to do all of them with the intention of billing the dealer for just the 2 failed parts. Fair????

I can now no longer reach the dealer. I have made many many calls and screenshot every attempt. I’ve sent 2 unanswered emails. I took advice from citizens advice who directed me to their webpage.
I paid £9000 for this van which has failed after four weeks and which I cannot see anybody arguing with me is unreasonable.

I will persist at my attempts to contact the man however I suspect it will be futile and I’ll get no response so I am gathering as much evidence as I can and keeping all communication logged.

I believe that by law the vehicle must be rectified as it’s less than 6 months old (to me)

My fear and questions are, had anyone experienced similar and what should i expect to happen with this issue. Will I have a reasonable chance of success if I have to seek legal help? Can anyone advise me on my best route to deal with this? What if (as has been suggested) the replacement of these injectors MAY not fix the issue and there might be further issues. (I haven’t had it back from the garage yet) 

thank you in advance for any assistance 

k

Not fair and the wrong action to take.

Why is that not fair?

burlingtonfl6

Ectophile said:

burlingtonfl6 said:

kristo32 said:

Hi all,

I’ll try and condense an awkward long story!

Bought a van on 26th feb 2021 from a registered dealer (ltd company). The van was delivered and was fine until exactly one month later when I noticed issues with how it ran. A problem was obviously developing and a few mechanically minded friends could hear the issue. No work was done.
Aware of the warranty that I believe is legally in place when a vehicle is purchased from a dealer I contacted the dealer and he was initially fine. He told me that due to the distance he wouldn’t be prepared to pick it up however I should take it to a local garage for diagnosis and contact him and we would discuss him rectifying it. 

It turns out the injectors are failing and it needs 2. I’ve asked the garage to do all of them with the intention of billing the dealer for just the 2 failed parts. Fair????

I can now no longer reach the dealer. I have made many many calls and screenshot every attempt. I’ve sent 2 unanswered emails. I took advice from citizens advice who directed me to their webpage.
I paid £9000 for this van which has failed after four weeks and which I cannot see anybody arguing with me is unreasonable.

I will persist at my attempts to contact the man however I suspect it will be futile and I’ll get no response so I am gathering as much evidence as I can and keeping all communication logged.

I believe that by law the vehicle must be rectified as it’s less than 6 months old (to me)

My fear and questions are, had anyone experienced similar and what should i expect to happen with this issue. Will I have a reasonable chance of success if I have to seek legal help? Can anyone advise me on my best route to deal with this? What if (as has been suggested) the replacement of these injectors MAY not fix the issue and there might be further issues. (I haven’t had it back from the garage yet) 

thank you in advance for any assistance 

k

Not fair and the wrong action to take.

Why is that not fair?

You can't just go ahead with work without giving the dealer the information. According to the OP, he only tried to contact them after the work was done '' I've asked the garage to do all of them'' followed by ''I can now no longer reach the dealer''

The dealer agreed for a local garage to look at the fault, but he might be able to mitigate his costs by getting the work done himself.

justworriedabit

Dear OP

put everthing in writing ie emails even follow up phone calls with emails