B2C Business to Consumer purchase of van

SteveJW

Son recently purchased a van off ebay, seller has a lot of vans for sale and makes no secret that they are a dealer

Only odd thing their website says no VAT to pay

He paid by a mixture of cash and bank transfer

Price £10,000

Van has had a starting issue from day one

He has emailed the vendor the following

Vehicle Make: Vauxhall
Vehicle Model: Vivaro
Vehicle Registration: DG17


09/01/2024

I viewed the van at the dealers premises

When talking to the initial person who met me to show me the van I explained this van was to be used for personal use and my intention was to convert to  a camper van
This would make the sale a B2C sale (business to consumer)
The Consumer Rights Act 2015 applies to all such sales
When I came to view the van it was already running


13/01/2024 I purchased the above vehicle from yourselves, When I came to collect the vehicle it was already running

15/01/2024 The vehicle failed to start


. I contacted James (salesperson)via WhatsApp who advised to charge the battery up and to try the van again. I did so and attempted to restart the van again.
After repeatedly trying the van then started
I know the procedure to start a diesel and I am waiting for the glow plug light to go out as per the instruction manual

I was advised by James that the battery is not covered under warranty as it is a consumable item
Under The Consumer Rights Act 2015 any fault found within 30 days is deemed to have been present when the goods were purchased
Nothing in the terms and conditions of the vendor can take away the consumers rights under The Consumer Rights Act 2015

16/01/2024 I came to the van and it failed to start
After making several attempts over the next 10 minutes the van finally started
Once the glow plug lights have gone out a diesel should start within 10 to 15 seconds
In the case of the above vehicle this is not happening
Prior to the 16/01/2024 I had never seen the vehicle started from cold

"Under the Consumer Rights Act 2015 you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.

Once the vendor is informed of an issue the 30 days is put on hold, I informed yourselves of the non starting issue within 2 days

This puts me 2 days into my 30 days right to reject.
As per The Consumer Rights Act 2015 this puts a hold on the 30 days right to reject and it will remain at 2 days until the issue is resolved


I wish to reject the vehicle under The Consumer Rights Act 2015 and request a full refund
A vehicle that will not start in a morning is either

Broken or damaged ('not of satisfactory quality')
Unusable ('not fit for purpose')


The vehicle was advertised with two keys,

 full service history and one owner from new

22/01/24 I have not received the 2nd key or any details of the service history

Under the Consumer Rights Act 2015 it is the traders responsibility to collect the vehicle.
However if I can get the vehicle started I will return to your site ( 30 miles away)

I absolutely love the van, apart from the issues I am having and unfortunately it has left me with no confidence in the vehicle and as such  reject the vehicle and request a full refund.


Apart from the issue I have had with this van I have had a really good experience with your company

I look forward to hearing  from yourselves

______________________________________

The vendor has replied that they will look at the vehicle and repair, even if it is the battery.

They will not issue a refund, if he wants to go down this route he needs to take them to court

The vehicle is now showing an engine management light

He has read the code PO380,  this indicates glow plug / heater circuit "A"

They are not aware we have read the fault code

When they are open he will email them telling them the vehicle has now an engine management light showing

That if he drives it he is worried they will accuse him of damaging the vehicle

How should he proceed

Maybe this would be better on the Consumer Rights board

I have tried to include all the relevant details and broken the post into sections

Thanks for reading

Steve

sevenhills

Knowing what is wrong and fixing it the first time is not always easy. I am looking for a similar, but cheaper van, and I would almost expect issues. But £10k is a lot of money.

The fault could be the MAF sensor, good luck.

Goudy

This is actually a simple fix and it costs pence, if it's what I think it is.
It's not the battery.

The Vivaro is notorious for a glow plug control unit problem.
It's not the control unit it's self, more the wiring.

The wiring to the multiplug on the control unit needs checking carefully.
One wire is prone to bubbling (swelling up the outer plastic wiring cover) and eventually breaking.

The control unit it bolted to the near side inner wing (near side if it's a RHD vehicle) and looks like a square or oblong silver metal case with a multiplug on it.

The fix it just to solder it or stick a connector in there.

SteveJW

Goudy said:

This is actually a simple fix and it costs pence, if it's what I think it is.
It's not the battery.


The fix it just to solder it or stick a connector in there.

Many thanks for this info

I will get him to check

Problem is I am trying to help him but I am out of the UK for a couple of months

Goudy

Get him to check YouTube, there are some videos that will help checking the wiring to the glow plug controller 

Herzlos

SteveJW said:

The vehicle was advertised with two keys,

 full service history and one owner from new

22/01/24 I have not received the 2nd key or any details of the service history

When looking at new vans in the future, remind him to ensure that he's seen the service history and keys *before* he pays for it. After that point the dealer has no interest in sorting it.

I've bought a couple of cars before where the dealer has said it's got full paperwork, and then on collecting it being told that it didn't have any and they don't remember saying it has.

Also, if the garage are saying they won't refund without taking it to court, I'd get the ball rolling and send them a Letter Before Action, giving them 14 days to sort the car or a refund before you start proceedings.

SteveJW

Son purchased a used van for his personal use for £10000, intention was to convert to a camper van

Mixture of bank transfer and cash, mistake I know

Vendor is registered at Companies House as a Ltd company with one director

Correspondence address is a firm of accountants

Vehicle described as two keys and full service history

Two days after purchase the vehicle was difficult to start, the vendor was initially reluctant to repair, when told that under the Consumer Rights Act 2015 any faults discovered within 30 days were deemed to be present when sold

They agreed to repair, then back tracked

Vehicle then displayed an engine management

Second key never appeared or the service history

Son has lost confidence in the vehicle and the company

He emailed and sent message via WhatsApp rejecting the vehicle and asking for a refund as per Consumer Rights Act 2015

Vendors reply was he would not be getting a refund and would have to go to court

Understanding is that once the vendor is informed that the Consumer is rejecting the vehicle the 30 days is put on hold

Citizens Advice have provided a template letter

I think this letter should be addressed to

The Company Secretary

Company name

Address as per correspondence address on Companies House

I have suggested one letter signed for followed by a second letter a day later tracked

I think it is to my sons advantage as the address is a firm of accountants and they will accept mail

I believe next stage is 14 days and a LBA

Is there a website that gives details of the process in simple terms

Reluctant to return vehicle for repair as vendor will have vehicle and money

Have we missed anything or done anything wrong

Advice is welcome

km1500

how did he buy it - online, from a garage, private sale ?

Grumpy_chap

Duplicate thread
https://forums.moneysavingexpert.com/discussion/6500699/b2c-business-to-consumer-purchase-of-van#latest

SteveJW

km1500 said:

how did he buy it - online, from a garage, private sale ?

The original post does say

Vendor is registered at Companies House as a Ltd company with one director

Advertised on ebay, which took him to the vendors Web site, so a B2C,  business to consumer sale

SteveJW

Grumpy_chap said:

Duplicate thread
https://forums.moneysavingexpert.com/discussion/6500699/b2c-business-to-consumer-purchase-of-van#latest

Yes but think this board is more appropriate for advice regarding rejection and court process

Asked if there is there a website that gives details of the process in simple terms

Original thread on Motoring board did say may be more appropriate on Consumer Rights  board