Bought a faulty van for work and personal use, trader not accepting refund

Danlo

Hey guys,

I bought a used van for work use as well as personal. The van was purchased via online bank transfer and I set up a personal loan to fund it. The van was bought in person and I had checked the van prior to purchase as well as a short test drive, the van ran well and there were no signs of any faults evident to me. The panel that sits above the coolant tank was missing and there was a used water pump left in the back of the van also- I thought this may have been due to maintenance being done on the van prior to sale and the trader said that water pumps are a somewhat common issue on the van model I bought. 

The van has just under 80k miles on it and looks like it has been well looked after.
I bought the van and brought it home on the same day, and a fault already showed itself. I took pictures and contacted the van place the following morning as they'd closed by the time I got home. I stated that the van has already developed a fault and it must be a serious one as over 2 litres of coolant had sprayed out all over the engine bay after just 2 hours of driving, and that I want to send it back and get a refund.
They replied saying I need to take it to get diagnosed by a garage local to me before they do anything as it is their policy. This raised some red flags to me, so I decided to agree to try make it as easy as possible getting my money back.

I took it to a garage a minute away and they checked it, finding the cause was exhaust gases in the coolant. I emailed the findings and a picture of the report over to the van trader and reiterated that I'd like a refund. 

They then said that now their 'policy' is that they have to diagnose the problem themselves, and they get one chance to repair the fault and after that they have to refund. I said is clearly a pre-existing fault due to the coolant panel missing, the parts in the back of the van and that I'd driven a van I have paid near ten grand for, for a total of 2 hours since purchase. I just want a refund, no repairs.
They still insisted on taking the van for diagnosis themselves and asked where they can pick it up from. I'm concerned that they are trying to stall for time to try make it more difficult to get a refund so I haven't given them the location of the van. I am instead going up in person to the trader's tomorrow to try get the matter resolved.

I have also sent an email stating they are sending me round in circles and that by law I should be given a full refund as I'm within 30 days of ownership, that if I don't get one I will be taking it to trading standards, the motor ombudsman and even court if needs be.

I'm just wondering now what the best way to proceed would be if thing's don't get sorted after going up to the trader's? I need the money back as soon as possible as I'm now without a van and no spare cash to even buy a cheap runaround. I don't want the van repairing as they'll do it at their own garage so it may be a bodge job, not to mention the potential damage that could have been done already inside the engine if it's been run without coolant and the head gasket's blown- I can see the van becoming a big money pit if I were to keep it.

savergrant

You say bought for personal and work use.
If you bought the van as a personal customer you should be covered by the consumer rights act;
". Right to reject
You can reject goods within 30 days of purchase if a fault is discovered that was present at the time of sale. Refunds must be processed without undue delay, typically within 14 days."

So you just need to be clear with them that you are rejecting the van and that you expect them to take it back and issue a refund promptly.
If you bought the van as a trade customer that won't apply.

Grumpy_chap

Danlo said:

Hey guys,

I bought a used van for work use as well as personal. The van was purchased via online bank transfer and I set up a personal loan to fund it. The van was bought in person and I had checked the van prior to purchase as well as a short test drive, the van ran well and there were no signs of any faults evident to me. The panel that sits above the coolant tank was missing and there was a used water pump left in the back of the van also- I thought this may have been due to maintenance being done on the van prior to sale and the trader said that water pumps are a somewhat common issue on the van model I bought. 

The van has just under 80k miles on it and looks like it has been well looked after.
I bought the van and brought it home on the same day, and a fault already showed itself. I took pictures and contacted the van place the following morning as they'd closed by the time I got home. I stated that the van has already developed a fault and it must be a serious one as over 2 litres of coolant had sprayed out all over the engine bay after just 2 hours of driving, and that I want to send it back and get a refund.
They replied saying I need to take it to get diagnosed by a garage local to me before they do anything as it is their policy. This raised some red flags to me, so I decided to agree to try make it as easy as possible getting my money back.

I took it to a garage a minute away and they checked it, finding the cause was exhaust gases in the coolant. I emailed the findings and a picture of the report over to the van trader and reiterated that I'd like a refund. 

They then said that now their 'policy' is that they have to diagnose the problem themselves, and they get one chance to repair the fault and after that they have to refund. I said is clearly a pre-existing fault due to the coolant panel missing, the parts in the back of the van and that I'd driven a van I have paid near ten grand for, for a total of 2 hours since purchase. I just want a refund, no repairs.
They still insisted on taking the van for diagnosis themselves and asked where they can pick it up from. I'm concerned that they are trying to stall for time to try make it more difficult to get a refund so I haven't given them the location of the van. I am instead going up in person to the trader's tomorrow to try get the matter resolved.

I have also sent an email stating they are sending me round in circles and that by law I should be given a full refund as I'm within 30 days of ownership, that if I don't get one I will be taking it to trading standards, the motor ombudsman and even court if needs be.

I'm just wondering now what the best way to proceed would be if thing's don't get sorted after going up to the trader's? I need the money back as soon as possible as I'm now without a van and no spare cash to even buy a cheap runaround. I don't want the van repairing as they'll do it at their own garage so it may be a bodge job, not to mention the potential damage that could have been done already inside the engine if it's been run without coolant and the head gasket's blown- I can see the van becoming a big money pit if I were to keep it.

This sounds like a business transaction so consumer rights would not apply.
How do you do your work?
Are you an employee of a company?
Are you a sole trader?
Are you owner Director of own Ltd Co?

tacpot12

If you have home insurance, and did buy the van for both business and personal use (e.g. you have no car), then your home insurance might help IF you have legal expenses cover. You might also have legal expenses cover as part of your business insurance. 

Note that in the Consumer Rights Act 2015, a “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. So you want to use the Consumer Rights Act 2015, you might be expected to show that the majority of the miles you expected to drive in the van were for personal use, not business mileage. 

Danlo

Grumpy_chap said:

Danlo said:

Hey guys,

I bought a used van for work use as well as personal. The van was purchased via online bank transfer and I set up a personal loan to fund it. The van was bought in person and I had checked the van prior to purchase as well as a short test drive, the van ran well and there were no signs of any faults evident to me. The panel that sits above the coolant tank was missing and there was a used water pump left in the back of the van also- I thought this may have been due to maintenance being done on the van prior to sale and the trader said that water pumps are a somewhat common issue on the van model I bought. 

The van has just under 80k miles on it and looks like it has been well looked after.
I bought the van and brought it home on the same day, and a fault already showed itself. I took pictures and contacted the van place the following morning as they'd closed by the time I got home. I stated that the van has already developed a fault and it must be a serious one as over 2 litres of coolant had sprayed out all over the engine bay after just 2 hours of driving, and that I want to send it back and get a refund.
They replied saying I need to take it to get diagnosed by a garage local to me before they do anything as it is their policy. This raised some red flags to me, so I decided to agree to try make it as easy as possible getting my money back.

I took it to a garage a minute away and they checked it, finding the cause was exhaust gases in the coolant. I emailed the findings and a picture of the report over to the van trader and reiterated that I'd like a refund. 

They then said that now their 'policy' is that they have to diagnose the problem themselves, and they get one chance to repair the fault and after that they have to refund. I said is clearly a pre-existing fault due to the coolant panel missing, the parts in the back of the van and that I'd driven a van I have paid near ten grand for, for a total of 2 hours since purchase. I just want a refund, no repairs.
They still insisted on taking the van for diagnosis themselves and asked where they can pick it up from. I'm concerned that they are trying to stall for time to try make it more difficult to get a refund so I haven't given them the location of the van. I am instead going up in person to the trader's tomorrow to try get the matter resolved.

I have also sent an email stating they are sending me round in circles and that by law I should be given a full refund as I'm within 30 days of ownership, that if I don't get one I will be taking it to trading standards, the motor ombudsman and even court if needs be.

I'm just wondering now what the best way to proceed would be if thing's don't get sorted after going up to the trader's? I need the money back as soon as possible as I'm now without a van and no spare cash to even buy a cheap runaround. I don't want the van repairing as they'll do it at their own garage so it may be a bodge job, not to mention the potential damage that could have been done already inside the engine if it's been run without coolant and the head gasket's blown- I can see the van becoming a big money pit if I were to keep it.

This sounds like a business transaction so consumer rights would not apply.
How do you do your work?
Are you an employee of a company?
Are you a sole trader?
Are you owner Director of own Ltd Co?

I am an employee of a company and a sole trader although I haven’t done any work for myself in a long while

savergrant

Danlo said:

Grumpy_chap said:

Danlo said:

Hey guys,

I bought a used van for work use as well as personal. The van was purchased via online bank transfer and I set up a personal loan to fund it. The van was bought in person and I had checked the van prior to purchase as well as a short test drive, the van ran well and there were no signs of any faults evident to me. The panel that sits above the coolant tank was missing and there was a used water pump left in the back of the van also- I thought this may have been due to maintenance being done on the van prior to sale and the trader said that water pumps are a somewhat common issue on the van model I bought. 

The van has just under 80k miles on it and looks like it has been well looked after.
I bought the van and brought it home on the same day, and a fault already showed itself. I took pictures and contacted the van place the following morning as they'd closed by the time I got home. I stated that the van has already developed a fault and it must be a serious one as over 2 litres of coolant had sprayed out all over the engine bay after just 2 hours of driving, and that I want to send it back and get a refund.
They replied saying I need to take it to get diagnosed by a garage local to me before they do anything as it is their policy. This raised some red flags to me, so I decided to agree to try make it as easy as possible getting my money back.

I took it to a garage a minute away and they checked it, finding the cause was exhaust gases in the coolant. I emailed the findings and a picture of the report over to the van trader and reiterated that I'd like a refund. 

They then said that now their 'policy' is that they have to diagnose the problem themselves, and they get one chance to repair the fault and after that they have to refund. I said is clearly a pre-existing fault due to the coolant panel missing, the parts in the back of the van and that I'd driven a van I have paid near ten grand for, for a total of 2 hours since purchase. I just want a refund, no repairs.
They still insisted on taking the van for diagnosis themselves and asked where they can pick it up from. I'm concerned that they are trying to stall for time to try make it more difficult to get a refund so I haven't given them the location of the van. I am instead going up in person to the trader's tomorrow to try get the matter resolved.

I have also sent an email stating they are sending me round in circles and that by law I should be given a full refund as I'm within 30 days of ownership, that if I don't get one I will be taking it to trading standards, the motor ombudsman and even court if needs be.

I'm just wondering now what the best way to proceed would be if thing's don't get sorted after going up to the trader's? I need the money back as soon as possible as I'm now without a van and no spare cash to even buy a cheap runaround. I don't want the van repairing as they'll do it at their own garage so it may be a bodge job, not to mention the potential damage that could have been done already inside the engine if it's been run without coolant and the head gasket's blown- I can see the van becoming a big money pit if I were to keep it.

This sounds like a business transaction so consumer rights would not apply.
How do you do your work?
Are you an employee of a company?
Are you a sole trader?
Are you owner Director of own Ltd Co?

I am an employee of a company and a sole trader although I haven’t done any work for myself in a long while

Is your business based at your home address? If not which address did you give as your address for the purchase?
Does the business you bought the van from sell to the public or just trade?
If you paid by bank transfer did you pay from a personal account or a business account?

user1977

I think the more relevant question is why did you buy a van rather than a car? 

Okell

Danlo said:

Grumpy_chap said:

Danlo said:

Hey guys,

I bought a used van for work use as well as personal. The van was purchased via online bank transfer and I set up a personal loan to fund it. The van was bought in person and I had checked the van prior to purchase as well as a short test drive, the van ran well and there were no signs of any faults evident to me. The panel that sits above the coolant tank was missing and there was a used water pump left in the back of the van also- I thought this may have been due to maintenance being done on the van prior to sale and the trader said that water pumps are a somewhat common issue on the van model I bought. 

The van has just under 80k miles on it and looks like it has been well looked after.
I bought the van and brought it home on the same day, and a fault already showed itself. I took pictures and contacted the van place the following morning as they'd closed by the time I got home. I stated that the van has already developed a fault and it must be a serious one as over 2 litres of coolant had sprayed out all over the engine bay after just 2 hours of driving, and that I want to send it back and get a refund.
They replied saying I need to take it to get diagnosed by a garage local to me before they do anything as it is their policy. This raised some red flags to me, so I decided to agree to try make it as easy as possible getting my money back.

I took it to a garage a minute away and they checked it, finding the cause was exhaust gases in the coolant. I emailed the findings and a picture of the report over to the van trader and reiterated that I'd like a refund. 

They then said that now their 'policy' is that they have to diagnose the problem themselves, and they get one chance to repair the fault and after that they have to refund. I said is clearly a pre-existing fault due to the coolant panel missing, the parts in the back of the van and that I'd driven a van I have paid near ten grand for, for a total of 2 hours since purchase. I just want a refund, no repairs.
They still insisted on taking the van for diagnosis themselves and asked where they can pick it up from. I'm concerned that they are trying to stall for time to try make it more difficult to get a refund so I haven't given them the location of the van. I am instead going up in person to the trader's tomorrow to try get the matter resolved.

I have also sent an email stating they are sending me round in circles and that by law I should be given a full refund as I'm within 30 days of ownership, that if I don't get one I will be taking it to trading standards, the motor ombudsman and even court if needs be.

I'm just wondering now what the best way to proceed would be if thing's don't get sorted after going up to the trader's? I need the money back as soon as possible as I'm now without a van and no spare cash to even buy a cheap runaround. I don't want the van repairing as they'll do it at their own garage so it may be a bodge job, not to mention the potential damage that could have been done already inside the engine if it's been run without coolant and the head gasket's blown- I can see the van becoming a big money pit if I were to keep it.

This sounds like a business transaction so consumer rights would not apply.
How do you do your work?
Are you an employee of a company?
Are you a sole trader?
Are you owner Director of own Ltd Co?

I am an employee of a company and a sole trader although I haven’t done any work for myself in a long while

So what is the van predominantly used for?  Seem to be three options:

1.  personal capacity as a consumer

2.  as an employee of a company

3.  as a sole trader - which you haven't done in a long time.


If you can say you use the vehicle for option 1 more than 50% of the time, then you have an argument that you have enforceable rights under the Consumer Rights Act 2015

Sorry if I've missed it, but when did you take delivery of the van and when did you notify the dealer of a problem.  Exact dates please