Potentially mis-sold a vehicle

MattMattMattUK

I agree with others that the percentage of Vitos that have not been used as taxi/private hire vehicles is going to be vanishingly small. If one looked at the MOT history of the vehicle it would also have been obvious as well as it would have had MOTs every six months.

Okell

jackisla said:

... and bought a Mercedes Vito minibus with the intention of doing airport/golf runs etc to keep himself busy ... 

jackisla said:

Grumpy_chap said:

jackisla said:

Wasn’t a business purchase as he purchased it in his name.

It does not have to be in a company name to be a business purchase.
The intent was to use the vehicle as a taxi to do airport / golf runs.  Even as a sole trader, that is a business use.  The fact the business did not succeed does not affect the nature of the purchase.

Seems a but silly that intent is more important than what the actual use was to me but fair enough. Appreciate the answers folks.

s2 of the Consumer Rights Act 2015 makes it clear that the "purposes" for which an item is bought are crucial in determining whether or not consumer protection legislation applies to any contract:

(2)  “Trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.

(3)  “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

If your father bought it with the intention of doing airport/golf runs to keep himself busy, he was not doing so as a consumer.

It might be that Sale of Goods Act legislation applies, but I suspect that this would still be a case of caveat emptor.  Anybody buying a minibus should ask how it was previously used if that previous use is important to them...

pinkshoes

jackisla said:

It was advertised on the Evans Halshaw website like the rest of their vehicles however no mention of being a taxi.

my question was does he have a claim of being mis sold? It feels like something Evans Halshaw should have told him

That doesn't really matter though. The only issue is this one particular avenue of selling a vehicle is one that won't see vehicles that have previously been a taxi. Your dad will just have to sell it another way, that's all.

It certainly wasn't mis-sold. 

Could he part exchange it with Evans Halshaw for something else? (I'm assuming he still needs/wants a vehicle?)

jackisla

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

born_again

jackisla said:

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

So how have M/Way come to the opinion that it was a Taxi in a previous life?

Grumpy_chap

born_again said:

jackisla said:

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

So how have M/Way come to the opinion that it was a Taxi in a previous life?

Maybe the previous registered keeper was Addison Lee?

Aylesbury_Duck

jackisla said:

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

Then surely your father should just try and sell it elsewhere?

jackisla

born_again said:

jackisla said:

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

So how have M/Way come to the opinion that it was a Taxi in a previous life?

It showed up in some sort of check they done.

jackisla

Aylesbury_Duck said:

jackisla said:

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

Then surely your father should just try and sell it elsewhere?

Do all there companies not do the same checks?

MattMattMattUK

jackisla said:

The reason for purchase was never discussed and the vehicle wasn’t MOTd every 6 months it has been done every 12 months.
It has also never been used as or registered as a taxi by my dad
Again, thanks for all the responses, its much appreciated

A taxi or private hire vehicle has to have an MOT every six months.