Part exchange vehicle with trader rights

jerkspoachingcoins

Hi,

So I bought a van mid May from a dealer listed on Gumtree (also listed elsewhere, and on Company House). It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.  I paid a ‘delivery fee’ via bank transfer and the vehicle was driven to me the next day.

The vehicle has since been proven to have issues since day one by a reputable garage, such as needing turbo seal injectors replacing and now something has gone wrong with the gear system.

I spoke to the person I bought it from after struggling to get in touch with them, and they are denying culpability, saying that because ultimately when they paid the £1505 it came from a personal account - which it did, something that didn’t and still don’t know if is pertinent. He’s trying to say it was a private sale, and was also using the term ‘trade to trade’ - I mean, I’m not a trader, so I don’t get how that would work either.

I sent the ‘delivery fee’ to their business account, and have proof of all our correspondence with their business page on Gumtree (although they have subsequently deleted the ad, I can still see it on my mobile), it is also screenshotted. 

Amongst these back and forths, he said he’d send me an invoice which he hasn’t to date. I also enquired about warranty when it was delivered, but when I spoke to him on the phone he straight up lied and denied that this would have been said, when it 100% was stated although I’m sure the equivalent of toilet paper even if it were to have manifested.

I thought I was covered by distance sale regs as well as the consumer goods act within 6 months if something goes wrong, and that the garage has first right of refusal to repair or has to work out something with you in terms of partial refund etc. I would like at least a partial refund and I need the van for work.

I believe I am in the right here and know there are things I could have done better to insure myself, but would be appreciative as to what action to take next to encourage him to do the right thing as I am told that this is a fairly common tactic that unscrupulous traders try.

Many thanks.

jerkspoachingcoins

Just re reading this - don’t know how to edit the original post, dont think it will let me on mobile - but it’s the diesel injectors, not the turbo injectors as stated. Thanks.

Alderbank

jerkspoachingcoins said:

Hi,

So I bought a van mid May from a dealer listed on Gumtree (also listed elsewhere, and on Company House). It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.  I paid a ‘delivery fee’ via bank transfer and the vehicle was driven to me the next day.

The vehicle has since been proven to have issues since day one by a reputable garage, such as needing turbo seal injectors replacing and now something has gone wrong with the gear system.

I spoke to the person I bought it from after struggling to get in touch with them, and they are denying culpability, saying that because ultimately when they paid the £1505 it came from a personal account - which it did, something that didn’t and still don’t know if is pertinent. He’s trying to say it was a private sale, and was also using the term ‘trade to trade’ - I mean, I’m not a trader, so I don’t get how that would work either.

I sent the ‘delivery fee’ to their business account, and have proof of all our correspondence with their business page on Gumtree (although they have subsequently deleted the ad, I can still see it on my mobile), it is also screenshotted. 

Amongst these back and forths, he said he’d send me an invoice which he hasn’t to date. I also enquired about warranty when it was delivered, but when I spoke to him on the phone he straight up lied and denied that this would have been said, when it 100% was stated although I’m sure the equivalent of toilet paper even if it were to have manifested.

I thought I was covered by distance sale regs as well as the consumer goods act within 6 months if something goes wrong, and that the garage has first right of refusal to repair or has to work out something with you in terms of partial refund etc. I would like at least a partial refund and I need the van for work.

I believe I am in the right here and know there are things I could have done better to insure myself, but would be appreciative as to what action to take next to encourage him to do the right thing as I am told that this is a fairly common tactic that unscrupulous traders try.

Many thanks.

Welcome to the forum.

I appreciate you need the van for your work so you are not earning while it is stood on your driveway but I don't think you are a consumer, so the deal probably is 'trade to trade' as the seller said. You do have contractual rights to get what you paid for, but not the extras that come with consumer rights legislation.

I am struggling to understand
'It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.'

For my benefit, can you explain why that makes it a £6,000 transaction?

born_again

Is this a business purchase?

How the purchase is funded makes no difference at all.

Distance sale is in reality only 14 days. 

Vehicles are tempered in the regulations, given their age & mileage can have a effect. So you can not expect a 20 year old to be treated in the same way as a brand new vehicle.


It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.  I paid a ‘delivery fee’ via bank transfer and the vehicle was driven to me the next day.

Does not make sense. A van listed @ £1495 but is a £6K transaction?
Or was the van your traded in worth more than the one you bought?

jerkspoachingcoins

Alderbank said:

jerkspoachingcoins said:

Hi,

So I bought a van mid May from a dealer listed on Gumtree (also listed elsewhere, and on Company House). It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.  I paid a ‘delivery fee’ via bank transfer and the vehicle was driven to me the next day.

The vehicle has since been proven to have issues since day one by a reputable garage, such as needing turbo seal injectors replacing and now something has gone wrong with the gear system.

I spoke to the person I bought it from after struggling to get in touch with them, and they are denying culpability, saying that because ultimately when they paid the £1505 it came from a personal account - which it did, something that didn’t and still don’t know if is pertinent. He’s trying to say it was a private sale, and was also using the term ‘trade to trade’ - I mean, I’m not a trader, so I don’t get how that would work either.

I sent the ‘delivery fee’ to their business account, and have proof of all our correspondence with their business page on Gumtree (although they have subsequently deleted the ad, I can still see it on my mobile), it is also screenshotted. 

Amongst these back and forths, he said he’d send me an invoice which he hasn’t to date. I also enquired about warranty when it was delivered, but when I spoke to him on the phone he straight up lied and denied that this would have been said, when it 100% was stated although I’m sure the equivalent of toilet paper even if it were to have manifested.

I thought I was covered by distance sale regs as well as the consumer goods act within 6 months if something goes wrong, and that the garage has first right of refusal to repair or has to work out something with you in terms of partial refund etc. I would like at least a partial refund and I need the van for work.

I believe I am in the right here and know there are things I could have done better to insure myself, but would be appreciative as to what action to take next to encourage him to do the right thing as I am told that this is a fairly common tactic that unscrupulous traders try.

Many thanks.

Welcome to the forum.

I appreciate you need the van for your work so you are not earning while it is stood on your driveway but I don't think you are a consumer, so the deal probably is 'trade to trade' as the seller said. You do have contractual rights to get what you paid for, but not the extras that come with consumer rights legislation.

I am struggling to understand
'It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.'

For my benefit, can you explain why that makes it a £6,000 transaction?

Apologies for not making this clearer. I bought it as an individual, not as part of any fleet, and the money came from my personal bank account. I was between jobs at the time and intended to use the van to use it as a personal vehicle and on a self employed basis afterwards.

I’m also sorry about the numbers not making sense. I meant to say that the van was £4495, with £1505 going to me, making it £6000 overall.

jerkspoachingcoins

born_again said:

Is this a business purchase?

How the purchase is funded makes no difference at all.

Distance sale is in reality only 14 days. 

Vehicles are tempered in the regulations, given their age & mileage can have a effect. So you can not expect a 20 year old to be treated in the same way as a brand new vehicle.


It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.  I paid a ‘delivery fee’ via bank transfer and the vehicle was driven to me the next day.

Does not make sense. A van listed @ £1495 but is a £6K transaction?
Or was the van your traded in worth more than the one you bought?

Sorry, the van was 4495, with 1505 going to me on top of my car, making it £6000 on the whole. It was a personal purchase in which I intended to use the vehicle personally as well as on a self employed basis.

lincroft1710

jerkspoachingcoins said:

born_again said:

Is this a business purchase?

How the purchase is funded makes no difference at all.

Distance sale is in reality only 14 days. 

Vehicles are tempered in the regulations, given their age & mileage can have a effect. So you can not expect a 20 year old to be treated in the same way as a brand new vehicle.


It was a part exchange wherein was given £1505 on top of my vehicle going to them, for a van that was listed at £1495, so ultimately a £6000 transaction.  I paid a ‘delivery fee’ via bank transfer and the vehicle was driven to me the next day.

Does not make sense. A van listed @ £1495 but is a £6K transaction?
Or was the van your traded in worth more than the one you bought?

Sorry, the van was 4495, with 1505 going to me on top of my car, making it £6000 on the whole. It was a personal purchase in which I intended to use the vehicle personally as well as on a self employed basis.

"Self Employed" is business use. P/Xing a car for a van also suggests primarily business usage. 

the_lunatic_is_in_my_head

Whether a consumer purchase would depend upon whether that's mainly personal use or mainly business use, OP may cut grass once a week in the next street or drive 50,000 business miles a year  

sheramber

How have you treated the van in your trading accounts?

Are you claiming the purchase as a business expense?