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  • FIRST POST
    • kcsc1943
    • By kcsc1943 10th Jan 18, 6:14 PM
    • 4Posts
    • 0Thanks
    kcsc1943
    sold a dud card protection
    • #1
    • 10th Jan 18, 6:14 PM
    sold a dud card protection 10th Jan 18 at 6:14 PM
    I bought a brand new van with delivery mileage in late November 2017 on HP (Hire Purchase Agreement (non regulated ?) using the dealers manufacturers Finance, paying an initial reserve deposit by bacs, then a further deposits by bacs and payment by credit card over £200 - and balance was to be on finance.
    10 days and less than 100 miles after the van was delivered it would not start, called the manufactures helpline and they sent out RAC, but they could not fix it after approximately 2hours. RAC they then arranged for the vehicle to go to the main dealer .
    5 days after the dealer had received the vehicle i received contact from them advising that they had contacted the manufacturer and were awaiting guidance from them, as they could not fix the van ???. after replacing several parts was advised that i would have to wait until January 2018 until their technical department was available for them to come to the dealership to check over the vehicle faults.

    I emailed asked for the vehicle to be replaced rejecting original it as not fit for purpose, .

    2 days later received an email from the dealer stating that they were going to replace the vehicle, and were arranging this. However, 3 days after this received a text and an email advising that the offer had been receded as the van was now repaired.

    I refused again to accept the vehicle and asked again for it to be replaced this was late in December .

    2018 The manufacturer has been in contact with the dealer in order to mediate, but the dealer is refusing to replace the vehicle.
    The manufacturer’s finance company have advised that as its a limited company that took the finance apparently have no consumer uk rights to refuse under current legislation? Or Sale of Goods Act ?
    Have sent emails and finance details to the hsbc credit card company and are currently awaiting their contact on the matter.

    As at today’s date, 33 days after the vehicle was taken to the dealer, i still do not have a van its in there compound.

    What can I do next ?
Page 1
    • venison
    • By venison 10th Jan 18, 7:57 PM
    • 2,167 Posts
    • 2,310 Thanks
    venison
    • #2
    • 10th Jan 18, 7:57 PM
    • #2
    • 10th Jan 18, 7:57 PM
    Trading standards might be one way to go?
    Ex Board Guide
    • dj1471
    • By dj1471 10th Jan 18, 8:11 PM
    • 1,225 Posts
    • 826 Thanks
    dj1471
    • #3
    • 10th Jan 18, 8:11 PM
    • #3
    • 10th Jan 18, 8:11 PM
    You still don't have the van because you've refused to accept it, that's hardly their fault.

    Did you purchase the van for business use? If so you don't have any consumer rights.

    If you did purchase it for personal use you're too late to exercise the short-term right to reject (30 days) and you can't insist on a replacement rather than a repair. You only have to give them one attempt to repair, if it subsequently fails again within 6 months of purchase you would be entitled to a refund, though reduced to reflect the use you've had of it.
    • forgotmyname
    • By forgotmyname 10th Jan 18, 8:12 PM
    • 27,219 Posts
    • 10,966 Thanks
    forgotmyname
    • #4
    • 10th Jan 18, 8:12 PM
    • #4
    • 10th Jan 18, 8:12 PM
    Collect your van? They have fixed it so why not collect it and move on?

    Business to business transaction?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • motorguy
    • By motorguy 10th Jan 18, 9:05 PM
    • 16,751 Posts
    • 9,934 Thanks
    motorguy
    • #5
    • 10th Jan 18, 9:05 PM
    • #5
    • 10th Jan 18, 9:05 PM
    Trading standards might be one way to go?
    Originally posted by venison
    Nope.

    Its a business to business transaction, not a consumer one, so the O/P cant avail of any rights under the Consumer Rights Act.

    The manufacturer and dealer are correct in their stance
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • motorguy
    • By motorguy 10th Jan 18, 9:06 PM
    • 16,751 Posts
    • 9,934 Thanks
    motorguy
    • #6
    • 10th Jan 18, 9:06 PM
    • #6
    • 10th Jan 18, 9:06 PM
    You still don't have the van because you've refused to accept it, that's hardly their fault.

    Did you purchase the van for business use? If so you don't have any consumer rights.

    If you did purchase it for personal use you're too late to exercise the short-term right to reject (30 days) and you can't insist on a replacement rather than a repair. You only have to give them one attempt to repair, if it subsequently fails again within 6 months of purchase you would be entitled to a refund, though reduced to reflect the use you've had of it.
    Originally posted by dj1471
    Bought by his limited company so not bought for personal use.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • motorguy
    • By motorguy 10th Jan 18, 9:07 PM
    • 16,751 Posts
    • 9,934 Thanks
    motorguy
    • #7
    • 10th Jan 18, 9:07 PM
    • #7
    • 10th Jan 18, 9:07 PM
    Just because it has had a fault that the dealer had to defer to the manufacturer for diagnosis and resolution, doesnt make it a dud btw.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • kcsc1943
    • By kcsc1943 10th Jan 18, 11:09 PM
    • 4 Posts
    • 0 Thanks
    kcsc1943
    • #8
    • 10th Jan 18, 11:09 PM
    • #8
    • 10th Jan 18, 11:09 PM
    Are we all saying that as a small mico ltd business I have no rights or protection! on the faulty van


    Advised Ecu replaced and dear knows what else was done more that one attempt before they gave up on the van it would not power up at all . rejected before the 30 days


    Wait until mid January for the manufacturer look at it with less than 100 miles surely not !


    They offered a new van I accepted ,then they receded 3 days later, have an email of that offer .


    The Manufacture them self's contacted the dealer regarding the complaint and the offer the dealer made regards replacement dealer just refusing to replace now .
    • takman
    • By takman 11th Jan 18, 9:48 AM
    • 3,395 Posts
    • 2,996 Thanks
    takman
    • #9
    • 11th Jan 18, 9:48 AM
    • #9
    • 11th Jan 18, 9:48 AM
    Wait until mid January for the manufacturer look at it with less than 100 miles surely not !
    Originally posted by kcsc1943
    But you didn't need to wait until mid January for them to look at it, you were told in December it had been repaired and was ready to collect but you refused.

    However, 3 days after this received a text and an email advising that the offer had been receded as the van was now repaired.

    I refused again to accept the vehicle and asked again for it to be replaced this was late in December .
    Originally posted by kcsc1943
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