Engine Blown on my van on finance

MattC13

I purchased a van through barclays asset finance in January this year . Whilst driving it the other day the engine has blown in a cloud of smoke and rattling and is now parked at the side of the road undriveable. The garage i bought it from dont want to know, my insurance wont cover the repairs as its seen as wear and tear and the finance company just want their money! I now cant work and dont have the funds to pay for a new engine. If anyone knows of any rights i may have in dealing with this would be much appreciated as i do not know what to do!! 

NSG666

I guess a lot depends on why the engine has failed.

I'd get it moved though or it might get stripped and the insurance possibly wouldn't cover it but let's not get into whether they would or not.

MattC13

Hi, Yeah trying to get it moved somewhere safe but its a big luton so would need a flatbed i would imagine! Im told the turbo has gone and has sucked oil and debris into the engine causing it to blow!? 

DrEskimo

How old was the van when you bought it, and what was the mileage?

Did it have any sort of warranty (either third party from the garage you bought it from, or remaining on the original manufacturer's warranty)?

If it's old, and you can't reasonably prove the fault existed prior to purchase (i.e. has it had any signs of faults in the last 6-months since you bought it?), then I don't think there's not a lot you can do.

MattC13

Its a 15 plate but has very low milage 17k. Got a 6 month warranty when i bought it which ran out a couple of weeks before it broke!! Had to have the fuel vapourizer replaced after a few weeks as it went into limp mode and the dpf was fully blocked but very common on the transits and fortunately was covered under warranty. Need to find out if ive bought a lemon what can i do?

Shakin_Steve

Can't really see an easy way out of this one. You borrowed money to buy a six year old van (can't see the mileage being relevant, legally), so it's way out of manufacturers warranty, and the dealer gave you a six month warranty which has also expired. And, of course, your insurance won't cover mechanical failure.
Who do you think is responsible?

MalMonroe

MattC13 said:

I purchased a van through barclays asset finance in January this year . Whilst driving it the other day the engine has blown in a cloud of smoke and rattling and is now parked at the side of the road undriveable. The garage i bought it from dont want to know, my insurance wont cover the repairs as its seen as wear and tear and the finance company just want their money! I now cant work and dont have the funds to pay for a new engine. If anyone knows of any rights i may have in dealing with this would be much appreciated as i do not know what to do!! 

Even though it's on finance, I'd go back to the seller because you DO have rights under the Consumer Rights Act 2015 in that whatever you buy has to be 'fit for purpose'. You really would expect a vehicle to last longer than 6 or 7 months. I suspect that there was something not quite right when you bought the van. I don't think the engine blowing up is due to 'wear and tear'.

There's some info here - but I do believe that a vehicle with a 2015 registration plate should last longer than six years. I hope so anyway because that's what mine has. 

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

The garage you bought it from MUST do something - it's the law.  I'd also tell the finance company exactly what happened because it's actually their money that's invested in the load of undriveable rubbish that's had to be abandoned.

And if you'd bought it using a credit card you could have claimed your money back via Section 75. I don't know what the rules are in connection with asset finance.

There's this info from this very site :  https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

And there's a lot more information if you just google 'Consumer rights act 2015 UK'.

Please don't just let the garage you got the vehicle from get away with this. They've been paid. You've been left with a lemon.

DCFC79

Did you buy it for the business yes ?

It might be classed as a business purchase.
Maybe it's something you could look into to.

Shakin_Steve

Yes, of course, I forgot. Something broke and it must be someone's fault, because things don't just break on their own, do they?
In my opinion, there is no comeback on anyone, but we shall see.
The sensible thing to do would have been to buy a warranty, thereby protecting your means of income.

Grumpy_chap

MalMonroe said:

MattC13 said:

I purchased a van through barclays asset finance in January this year . Whilst driving it the other day the engine has blown in a cloud of smoke and rattling and is now parked at the side of the road undriveable. The garage i bought it from dont want to know, my insurance wont cover the repairs as its seen as wear and tear and the finance company just want their money! I now cant work and dont have the funds to pay for a new engine. If anyone knows of any rights i may have in dealing with this would be much appreciated as i do not know what to do!! 

Even though it's on finance, I'd go back to the seller because you DO have rights under the Consumer Rights Act 2015 in that whatever you buy has to be 'fit for purpose'. You really would expect a vehicle to last longer than 6 or 7 months. I suspect that there was something not quite right when you bought the van. I don't think the engine blowing up is due to 'wear and tear'.

There's some info here - but I do believe that a vehicle with a 2015 registration plate should last longer than six years. I hope so anyway because that's what mine has. 

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

The garage you bought it from MUST do something - it's the law.  I'd also tell the finance company exactly what happened because it's actually their money that's invested in the load of undriveable rubbish that's had to be abandoned.

And if you'd bought it using a credit card you could have claimed your money back via Section 75. I don't know what the rules are in connection with asset finance.

There's this info from this very site :  https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

And there's a lot more information if you just google 'Consumer rights act 2015 UK'.

Please don't just let the garage you got the vehicle from get away with this. They've been paid. You've been left with a lemon.

That is a lot of very robustly stated opinion presented as fact.

We certainly don't have enough information to assess any of that as absolute.

Indeed, if this can is a business asset, consumer rules may be entirely irrelevant.

EDIT:  In fact, we do know:

MattC13 said:

I purchased a van through barclays asset finance in January this year . 

"Asset Finance" is really a term most commonly used in business borrowing - I can't think of any time when a consumer loan would be marketed under that terminology.  As a business purchase, consumer rights are not relevant.

[Deleted User]

MalMonroe said:

MattC13 said:

I purchased a van through barclays asset finance in January this year . Whilst driving it the other day the engine has blown in a cloud of smoke and rattling and is now parked at the side of the road undriveable. The garage i bought it from dont want to know, my insurance wont cover the repairs as its seen as wear and tear and the finance company just want their money! I now cant work and dont have the funds to pay for a new engine. If anyone knows of any rights i may have in dealing with this would be much appreciated as i do not know what to do!! 

Even though it's on finance, I'd go back to the seller because you DO have rights under the Consumer Rights Act 2015 in that whatever you buy has to be 'fit for purpose'. You really would expect a vehicle to last longer than 6 or 7 months. I suspect that there was something not quite right when you bought the van. I don't think the engine blowing up is due to 'wear and tear'.

There's some info here - but I do believe that a vehicle with a 2015 registration plate should last longer than six years. I hope so anyway because that's what mine has. 

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

The garage you bought it from MUST do something - it's the law.  I'd also tell the finance company exactly what happened because it's actually their money that's invested in the load of undriveable rubbish that's had to be abandoned.

And if you'd bought it using a credit card you could have claimed your money back via Section 75. I don't know what the rules are in connection with asset finance.

There's this info from this very site :  https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

And there's a lot more information if you just google 'Consumer rights act 2015 UK'.

Please don't just let the garage you got the vehicle from get away with this. They've been paid. You've been left with a lemon.

The van did last a lot longer than 6-7 months, it has lasted 6 years. A diesel with 17k miles on 6 years has been driven for local stop/start driving so no surprise the DPF was gone. Wear and tear for a 6 year old diesel driven like a petrol - absolutely it is.

The garage must not do anything at all, it was sold with a warranty, it's second hand (at the very least) and the law doesn't force them to do anything.

The finance company haven't invested anything, they loaned the OP money that he needs to pay back, their money isn't in the van, it's a debt to the OP that they can enforce.

Credit card S75 doesn't cover business purchases

Your problem is that you jump on things without reading or knowing the full facts and how things apply and then assume things to be the way they fit in your thought process. You buying a van and maintaining it, driving it properly (i.e. long motorway drives for diesel, city driving for petrol) etc is completely different to what the OP did. Buying any diesel that is that old with that low mileage was always going to be on a hiding to nothing. OP got lucky the DPF went so soon