Van purchase and refund…

bris

It's a B2B contract, no if's buts or maybes. Everyone uses their works van for personal use too but the bottom line is it's a working van.

This doesn't mean you don't have rights though the van still needs to be fit for the purpose it was intended, but as they have agreed to the refund that's a mute point really.

There is no doubt you will win in court on that basis with the emails they sent but the claim needs to go in before its to late.

jimmypick

bris said:

It's a B2B contract, no if's buts or maybes. Everyone uses their works van for personal use too but the bottom line is it's a working van.

This doesn't mean you don't have rights though the van still needs to be fit for the purpose it was intended, but as they have agreed to the refund that's a mute point really.

There is no doubt you will win in court on that basis with the emails they sent but the claim needs to go in before its to late.

Thank you for this. I’m still unsure whether to advise my friend to start the proceedings immediately or to write a letter giving them 14 days notice. Which would you suggest? 

jimmypick

Quick update on this:
the van was collected by the company so they could decide whether they should offer the refund or not. They still haven’t refunded and now they are trying to sell it via autotrader (well, technically it’s another ltd company connected to the one my mate bought it from that is selling it).
My mate didn’t sign the van over and he hasn’t been paid for it, so surely he still owns it and they cannot sell it. Is that correct! 

If so, what should he do? Is this a police matter? 

Aylesbury_Duck

I'd let them sell it.  Even more reason why they can't avoid refunding him.

jimmypick

Another question about this, if anyone can help. 

They still haven’t refunded. They keep saying they will then don’t. So I am now helping my friend with the online claim. 

I can’t help thinking they have some sort of trick up their sleeve. They have two limited companies at the same address, which concerns me. They are listing cars on the Facebook page of the company my mate bought the van from, but could they try and claim the other company owns everything when a bailiff turns up? 

And I’m guessing we can only sue the ltd company my mate paid the van for and not both? 

Grumpy_chap

jimmypick said:

we can only sue the ltd company my mate paid the van for and not both? 

Yes, that is correct.