Used Van - about to go to small claims court anyone had experience

RG31

I bought a used van admittedly cheap and high mileage, within thirty days there were three separate issues (central locking did not work all doors don't lock, driver door stopped opening at all and brakes issuer resulting in a break down) I went back to the garage and they said what do you expect its high mileage were extremely rude, I spoke to CAB who advised reject vehicle after a lot of back and forth they suggested they would repair some of the issues, again I said no too late I want a refund under consumer rights act, again they said no we will repair. 
I've spoken to CAB and Motoring ombudsman and all pretty confident I am in the right and I am able to reject the vehicle for a refund and particularly as within thirty days the law is black and white. 
Has anyone had any experience of this? My only concern is that the law (Consumer Rights Act) seems to clear to me so why on earth would this established business risk going to court over a relatively small amount of money? We have tried mediation etc with no luck. 
Is he calling my bluff or is there something I am unaware of haven't thought of? 

Aylesbury_Duck

RG31 said:

I bought a used van admittedly cheap and high mileage, within thirty days there were three separate issues (central locking did not work all doors don't lock, driver door stopped opening at all and brakes issuer resulting in a break down) I went back to the garage and they said what do you expect its high mileage were extremely rude, I spoke to CAB who advised reject vehicle after a lot of back and forth they suggested they would repair some of the issues, again I said no too late I want a refund under consumer rights act, again they said no we will repair. 
I've spoken to CAB and Motoring ombudsman and all pretty confident I am in the right and I am able to reject the vehicle for a refund and particularly as within thirty days the law is black and white. 
Has anyone had any experience of this? My only concern is that the law (Consumer Rights Act) seems to clear to me so why on earth would this established business risk going to court over a relatively small amount of money? We have tried mediation etc with no luck. 
Is he calling my bluff or is there something I am unaware of haven't thought of? 

Did you buy it for business use?  Perhaps the dealer assumes you're not a consumer and therefore that the CRA doesn't apply.

RG31

Aylesbury_Duck said:

RG31 said:

I bought a used van admittedly cheap and high mileage, within thirty days there were three separate issues (central locking did not work all doors don't lock, driver door stopped opening at all and brakes issuer resulting in a break down) I went back to the garage and they said what do you expect its high mileage were extremely rude, I spoke to CAB who advised reject vehicle after a lot of back and forth they suggested they would repair some of the issues, again I said no too late I want a refund under consumer rights act, again they said no we will repair. 
I've spoken to CAB and Motoring ombudsman and all pretty confident I am in the right and I am able to reject the vehicle for a refund and particularly as within thirty days the law is black and white. 
Has anyone had any experience of this? My only concern is that the law (Consumer Rights Act) seems to clear to me so why on earth would this established business risk going to court over a relatively small amount of money? We have tried mediation etc with no luck. 
Is he calling my bluff or is there something I am unaware of haven't thought of? 

Did you buy it for business use?  Perhaps the dealer assumes you're not a consumer and therefore that the CRA doesn't apply.

No i didn't, I don't have a business. He suggested initially that as its a commercial vehicle CRA doesn't apply. I confirmed with CAB and Motoring ombudsman that this is not the case and he has since agreed that this isn't the case, its a very small van and I don't have a business, was bought for storage and as a run around vehicle for local journeys.

HillStreetBlues

RG31 said:

Is he calling my bluff or is there something I am unaware of haven't thought of? 

Many people do bluff, they send a Letter before Action  but never actually follow it up basically just an idle threat .

Aylesbury_Duck

RG31 said:

Aylesbury_Duck said:

RG31 said:

I bought a used van admittedly cheap and high mileage, within thirty days there were three separate issues (central locking did not work all doors don't lock, driver door stopped opening at all and brakes issuer resulting in a break down) I went back to the garage and they said what do you expect its high mileage were extremely rude, I spoke to CAB who advised reject vehicle after a lot of back and forth they suggested they would repair some of the issues, again I said no too late I want a refund under consumer rights act, again they said no we will repair. 
I've spoken to CAB and Motoring ombudsman and all pretty confident I am in the right and I am able to reject the vehicle for a refund and particularly as within thirty days the law is black and white. 
Has anyone had any experience of this? My only concern is that the law (Consumer Rights Act) seems to clear to me so why on earth would this established business risk going to court over a relatively small amount of money? We have tried mediation etc with no luck. 
Is he calling my bluff or is there something I am unaware of haven't thought of? 

Did you buy it for business use?  Perhaps the dealer assumes you're not a consumer and therefore that the CRA doesn't apply.

No i didn't, I don't have a business. He suggested initially that as its a commercial vehicle CRA doesn't apply. I confirmed with CAB and Motoring ombudsman that this is not the case and he has since agreed that this isn't the case, its a very small van and I don't have a business, was bought for storage and as a run around vehicle for local journeys.

In which case, it's time for a letter before action, to see if that generates a response.  Then it's small claims court.

RG31

Aylesbury_Duck said:

RG31 said:

Aylesbury_Duck said:

RG31 said:

I bought a used van admittedly cheap and high mileage, within thirty days there were three separate issues (central locking did not work all doors don't lock, driver door stopped opening at all and brakes issuer resulting in a break down) I went back to the garage and they said what do you expect its high mileage were extremely rude, I spoke to CAB who advised reject vehicle after a lot of back and forth they suggested they would repair some of the issues, again I said no too late I want a refund under consumer rights act, again they said no we will repair. 
I've spoken to CAB and Motoring ombudsman and all pretty confident I am in the right and I am able to reject the vehicle for a refund and particularly as within thirty days the law is black and white. 
Has anyone had any experience of this? My only concern is that the law (Consumer Rights Act) seems to clear to me so why on earth would this established business risk going to court over a relatively small amount of money? We have tried mediation etc with no luck. 
Is he calling my bluff or is there something I am unaware of haven't thought of? 

Did you buy it for business use?  Perhaps the dealer assumes you're not a consumer and therefore that the CRA doesn't apply.

No i didn't, I don't have a business. He suggested initially that as its a commercial vehicle CRA doesn't apply. I confirmed with CAB and Motoring ombudsman that this is not the case and he has since agreed that this isn't the case, its a very small van and I don't have a business, was bought for storage and as a run around vehicle for local journeys.

In which case, it's time for a letter before action, to see if that generates a response.  Then it's small claims court.

Thanks i'm already at this stage and even have got to mediation stage which has failed, the mediator was impartial but himself was a little confused by them refusing the rejection. Just waiting for a court date, so frustrating when the law seems to be so clear and there is such a back log in small claims court. 

RG31

HillStreetBlues said:

RG31 said:

Is he calling my bluff or is there something I am unaware of haven't thought of? 

Many people do bluff, they send a Letter before Action  but never actually follow it up basically just an idle threat .

Thanks, I have already initiated court proceedings but just confused that even during mediation he has stuck to his guns that he wont refund. Looks like I will just have to wait for a court date. 

tacpot12

You might want to read up on how to get the debt transferred to the High Court so you can use High Court Enforcement Officers to collect the debt as soon as the court hears the case. 

Aylesbury_Duck

RG31 said:

HillStreetBlues said:

RG31 said:

Is he calling my bluff or is there something I am unaware of haven't thought of? 

Many people do bluff, they send a Letter before Action  but never actually follow it up basically just an idle threat .

Thanks, I have already initiated court proceedings but just confused that even during mediation he has stuck to his guns that he wont refund. Looks like I will just have to wait for a court date. 

He's either confident in his case, confident you're bluffing and won't take it further, or confident he won't pay even if you win in court.

motorman99

The thing is tho…how cheap, how high mileage, how old.
What did you pay for it?

eskbanker

motorman99 said:

The thing is tho…how cheap, how high mileage, how old.
What did you pay for it?

But none of that affects the unfettered short term right to reject under CRA, even if it could potentially have influenced later claims about its condition, etc....