Bought a faulty van

Indiechick123

Hi all.

Last November I bought a second hand van from an online trade seller. I'd spoken to them previously and asked if a private individual could buy from them and they said yes, the only difference between them and any other seller would be the lack of warranty. IME warranties aren't worth the paper they're printed on so I was ok with that.

The seller used a traffic light system and the listing had it as green for the engine. I didn't take a screenshot though so can't prove this.

The van had serious faults. I thought I'd accidentally driven to Blackpool there were so many lights on the dash. I took it to my local garage and they said it needed new washer motors which would cost £800, and not to drive it again due to the risk of further damage.

I contacted the seller, within 14 days of delivery, and said I wanted to return for a full refund. They didn't reply.

I contacted them again within 30 days. Again, they didn't reply.

In April the MOT was due, and I'd saved up the £800. The garage did more in depth tests and it turned out it needed a new head gasket. They've advised that even doing that might not solve all the problems. They've refused to do the work as it would be far more than the van is worth.

The seller. now has a big sign on the website saying that as they sell to businesses consumer rights don't apply as businesses are expected to know what they're buying. They didn't ask if I'm a business, and I paid as an individual from a personal bank account.

I've driven the car three times, each time to the garage which is about a mile away.

The seller didn't put the van into my name so I need to go through the process of sending a paper form to get it in my name to get a V5C so I can scrap it.

I thought I was out of time to start action, but Google says that it's 6 years not 6 months as I thought.

So, questions:

1. Am I within time limits to bring a small claims court?
2. Do consumer rights apply?
3. As a trade seller do they still have a responsibility to provide goods that are fit for purpose, ie a van that can be driven?

Please don't judge, I know I made a lot of mistakes. Should I try further action or just suck it up and move on?

The van's currently in the garage's yard and can't be moved due to having no MOT and me not having anywhere off-road to store it.

Brie

Did you pay any of this by credit card? Even if just the deposit? If so you might manage some via your bank.

Indiechick123

No. No deposit. My previous van had failed its MOT so I was desperate. Joke's on me, I haven't had transport for nearly a year. Just a bank transfer for the full 3.5k.

Vitor

For now I would NOT scrap the van. Gather together the invoice, bank-transfer evidence, advert if you can recover it, all correspondence with the seller, and written evidence from the garage. Then send the seller a formal Letter Before Claim referring to your rejection of the vehicle and giving them a deadline to refund you and arrange collection.

The missing screenshot showing the engine as “green” is annoying, but I don’t think it is necessarily fatal. Your strongest evidence may be that serious faults appeared immediately and that you rejected the van within the statutory period.

born_again

Just what do they mean by engine green?

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/82150380#Comment_82150380

If you want to reject a vehicle you have to return it to the seller

Baldytyke88

A website cannot avoid consumer law just by displaying a sign claiming they only sell to businesses if they actually sell to ordinary consumers acting for personal use. If you are buying as an individual for personal use (not for your trade, business, craft, or profession), you are legally a consumer.

But you say that the work would cost more than the van is worth, £800? Vans are expensive; a van worth less than £2000 will be poor quality.

Unless this is a small car-derived van; what model van is it and how many miles has it done, year?

Indiechick123

https://forums.moneysavingexpert.com/discussion/comment/82150387#Comment_82150387

https://forums.moneysavingexpert.com/discussion/comment/82150387#Comment_82150387

They're not using that system anymore, from memory it was starts every time (it didn't, they had to fiddle about under the bonnet for over an hour to get it off the loader they delivered it on. Yes, I know, I should have refused delivery), no serious issues.

Indiechick123

https://forums.moneysavingexpert.com/discussion/comment/82150401#Comment_82150401

It's a Renault Trafic 2021, about 250,000 miles (yes I know, stupid but I was desperate). It cost £3.5k. The £800 was for the washer motors, then they found that the problem is actually that it needs a new head gasket which would be £4.5k.

It was strictly for personal use. I need a van big enough to carry a wheelchair and ramps and other disability related equipment.

Vitor

https://forums.moneysavingexpert.com/discussion/comment/82150400#Comment_82150400

You have to make it available for collection.

Ayr_Rage

@Indiechick123 what the heck are washer motors?