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

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Comments

  • motorman99
    motorman99 Posts: 128 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    I think it possibly does. It depends on whether or not the fault renders the vehicle unfit for purpose. 
    A central locking fault does not
    and we don’t know what was wrong with the brakes….if it just needed new brake pads then that’s not unfit for purpose either.
    and if it was a 200,000m 15yo van that was £1000 then the op will struggle 

    but it’s not my van so I doubt know 
  • eskbanker
    eskbanker Posts: 42,017 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think it possibly does. It depends on whether or not the fault renders the vehicle unfit for purpose
    A central locking fault does not
    and we don’t know what was wrong with the brakes….if it just needed new brake pads then that’s not unfit for purpose either.
    and if it was a 200,000m 15yo van that was £1000 then the op will struggle 

    but it’s not my van so I doubt know 
    The CRA rights aren't just about 'fitness for purpose' but 'satisfactory quality' (including 'freedom from minor defects', 'durability', etc), 'as described', etc:

    https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-statutory-rights-are-there-under-a-goods-contract

    and the short term right to reject operates under the assumption that any faults found within that initial 30 day period were present at the time of purchase, so it wouldn't be difficult for OP to justify that right, especially given the faults you chose not to mention ("driver door stopped opening at all" and "a break down").
  • motorman99
    motorman99 Posts: 128 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Fair enough I thought it was brakes not breakdown and that the door was a cl fault. Let’s hope he sorts it. 
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