Private sale for van

DullGreyGuy

ledge97 said:

In the 'breach of contract letter' (via email), I stated 'if I don't receive a response within 14 days, I will be forced to pursue legal action to enforce my rights and recover the costs incurred'. 

To which he responded 'if you go ahead with this I will not be paying the bill.' He then when on to say that he doesn't have a premises, nor the equipment to repair the van. As soon as he has, the van will be the first booked in.

I then responded saying that I've given him sufficient time to repair the van again, which i have an email from him saying that he 'hopes' to book the van in 1st week of April. But given that it's impossible for him to repair the van at this time, I will get the work done elsewhere and recover the costs. I also said that i was happy for him to get a third party quote himself. Now its been 2 weeks since I sent that response and I've had no reply. 

In which case you have already sent a letter before action, you just titled it something else

born_again

Is the 6 month warranty on the recon engine, by them. Or is it provided by the company that suppled the recon engine?

DE_612183

To me it looks like this guy cannot actually repair your van anyway - or is not going to.

You need to have a van thats fit for purpose.

If it was me I'd get the repair done, and then try and recover the costs from him ( not sure if you can apply to small claims if you are a business ) but if you don't get anywhere you still have a van that works and even though you are out of pocket it's a lesson learnt. 

If he still has facebook - can you provide him with a adverse review or something?

ledge97

DullGreyGuy said:

In which case you have already sent a letter before action, you just titled it something else

I thought this... Anyway I have a sent a 'letter before court action' now, as I was advised to post it with recorded and signed for delivery, as the court needs an address, and an email alone might not suffice. Personally I thought email was the best option as he's been communicating that way. Anyhow, when it gets signed for I will send it through email as well, so there is 2 forms of notice.  

ledge97

DE_612183 said:

To me it looks like this guy cannot actually repair your van anyway - or is not going to.

You need to have a van thats fit for purpose.

If it was me I'd get the repair done, and then try and recover the costs from him ( not sure if you can apply to small claims if you are a business ) but if you don't get anywhere you still have a van that works and even though you are out of pocket it's a lesson learnt. 

If he still has facebook - can you provide him with a adverse review or something?

Yeah your right, he said he's prepared to have it back again, but he's been given sufficient time to rectify and he still can't do it. Regardless of his reason the van should be repaired in a 'reasonable time'. He agreed to repair the van for the second time in the 1st week of April, and it is now the end of May.

So moving forward, like you said, I will get the van repaired and recover the costs. My understanding, based on the advice I was given, it was a B2B (Business 2 Business) sale, and falls under the provisions outlined in the Sale of Goods act 1979. So fingers crossed !

Yeah I will be leaving a review for sure.    

ledge97

born_again said:

Is the 6 month warranty on the recon engine, by them. Or is it provided by the company that suppled the recon engine?

The business he purchased the engine from stated 6 months warranty (providing he followed a certain criteria set by them when installing the engine). He also wrote on the invoice '6 months warranty on reconditioned engine'. However my understanding is, he's sold me a vehicle 'not fit for purpose'. He also hasn't made me aware of the leak on the engine prior to sale (in writing or verbally). As far as I was concerned the van was sold with a 'reconditioned engine' which shouldn't been leaking that soon after installing it, therefore making it 'not fit for purpose'. 

So in terms of warranty, it's only really there to benefit the trader if a part fails.

sheramber

ledge97 said:

DullGreyGuy said:

In which case you have already sent a letter before action, you just titled it something else

I thought this... Anyway I have a sent a 'letter before court action' now, as I was advised to post it with recorded and signed for delivery, as the court needs an address, and an email alone might not suffice. Personally I thought email was the best option as he's been communicating that way. Anyhow, when it gets signed for I will send it through email as well, so there is 2 forms of notice.  

Who adivised you send it recorded delivery.?

All he needs to do is not sign for it- I don't know it Royal mail get signatures  now. they stopped during the pandemic.

All you need to do iuse ordinary s post  and get proof of postage from the Post Office. 

ledge97

Citizens advice. I've posted it with special delivery (next day, tracking and signature).

screech_78

ledge97 said:

Citizens advice. I've posted it with special delivery (next day, tracking and signature).

All that does is make it easy for him to refuse it. 

In future, send normal post and obtain proof of posting. That’s all that’s required as proof. 

Manxman_in_exile

sheramber said:

ledge97 said:

DullGreyGuy said:

In which case you have already sent a letter before action, you just titled it something else

I thought this... Anyway I have a sent a 'letter before court action' now, as I was advised to post it with recorded and signed for delivery, as the court needs an address, and an email alone might not suffice. Personally I thought email was the best option as he's been communicating that way. Anyhow, when it gets signed for I will send it through email as well, so there is 2 forms of notice.  

Who adivised you send it recorded delivery.?

All he needs to do is not sign for it- I don't know it Royal mail get signatures  now. they stopped during the pandemic.

All you need to do iuse ordinary s post  and get proof of postage from the Post Office. 

+1

screech_78 said:

ledge97 said:

Citizens advice. I've posted it with special delivery (next day, tracking and signature).

All that does is make it easy for him to refuse it. 

In future, send normal post and obtain proof of posting. That’s all that’s required as proof. 

And another +1