Van bought as business purchase

[Gavino]

Finally bought a (newer) second hand van under my ltd company to replace the old van bought as a sole trader.

There are a variety of faults, and to my dismay I realised i have no consumer rights regarding the purchase.

Is there anything similar for businesses?

[des8]

Sale of Goods Act 1979 https://www.legislation.gov.uk/ukpga/1979/54

[Gavino]

• returned this van with a 3 hr drive to have a number of issues rectified, the main issue being a most annoying rattling driving me crazy since the day of purchase and complained regularly about
• i said politely do not return this van without fixing the rattling
• they told me it was resolved
• it wasnt
• took to an independent garage that found and fixed issue on that day.

My question is, am i able to claim this from them? it is only £126, but its more the absolute agony of having to suffer this from oct 22 - jan 24.
It took that long as the agent i was dealing with palmed me off off for a good number of months before leaving. a number of phone calls to the dealer. arranging to trip to swap vans for a number of months. I just can't settle for it. I missed my opportunity to complain to the Financial ombudsman.

[Gavino]

I also see there is a guide to voluntary termination under the consumer rights act, is vt not applicable to business purchase?

[des8]

If you mean "could you make a court claim for the money ?" the answer is yes.
Whether or not you would be successful is another question
Is it worth the stress and hassle? IMO no.

voluntary termination is a right bestowed on consumers (not business) under the Consumers Credit Act 1974 Sec 99

[Gavino]

Thanks for your reply. I'll take your advice. I am sitting here now, an hour from home, the van having packed up/ won't start. I have an auto electrician on the to hopefully diagnose the problem.. I just cant help but feel completely gutted at having spent 20k on a van that has broken down.

[atticus]

You can sue, but will need to prove that the van was not fit for purpose or of merchantable quality. It may be worth the stress and hassle for £20K.

[Gavino]

So I am still sitting outside the pub I had a small Job at today, from 8am. £120 down from a mobile electrician visit who did not manage to resolve it. Its 430.

he said it looks like complete ecu failure. I lve had to join the rac and theyre on their way at some point. I do feel completely gutted and surely there must be someway of holding either Peugeot or the retailer accountable.

[atticus]

It won't be Peugeot; your claim is against the seller.

[des8]

need to know more.
e.g. age of van, mileage when purchased and mileage now

Purchased Oct 2022, and returned (when?) to have faults fixed.
Faults (except for rattle) fixed.
Paid £126 to have rattle fixed Jan 2024
Today van broken down ... possible ECU failure

I think you will have difficulty holding trader liable for ECU fault (if it is that) 20 months after purchase.

Were there other problems?

[Gavino]

guys im really sorry, i don't receive notifications. and hadn't realised you'd replied.
thank you for your replies.

the van is a 2019 Peugeot boxer purchased oct 22 with 42479 mileage.

The air con didn't work. after a free air con health check at halfords, they informed me that there was a mechanical fault and regrettably i have lost the paperwork.

there was a hand sized dent and large scratch on the side door which wasn't included in ad
both headlights went out at 530am in complete darkness on the motorway
audio unit and steering wheel controls faulty. this was diagnosed by toomeys Peugeot in basildon and recommend new unit
there was a loose plastic trim on the dash which was vibrating
the brakes were and still are screeching
Warning code, temp needle shooting up to max, "radiator fluid temp high" and van would jerk - needed new clutch pedal switch
After a few weeks i noticed that the wheels were covered in rust.. this was not apparent in the ad or on initial delivery. It was clear to me it had been polished off to hide it deliberately.

I had complained immediately about the issues, and others as they arose. It took many emails. July was suggested, and by the time the end of july was near, i decided to chase them up - the guy i had been dealing with had left the dealership!!

I tried to get in touch with the commercial vehicles manager who was actually very understanding and helpful and polite. As they told me that they had no drivers, as they had made them all redundant, i returned the van after a 4 hr drive. took a smaller hire van at great inconvenience to myself.
I specifically stated: do not return the van with that rattle, that is number one problem at the top of my list.

after 3 maybe 4 months!! they returned the van. the same man that delivered it originally, was the one that returned it.

the dent and scratch had been completed.
van wheel rust was.. looks like cleaned and painted over, now peeling in places.
audio unit is still faulty, the told me that the driver (that they had made redundant) could detect no faults on the return journey???
air con was working
plastic trim replaced
brakes still squeal even though they've shown documentation proving new shoes and discs
the rattling that had been present from day one and was driving me insane had not been fixed. my local garage fixed it on the first visit.

the paint is now peeling from above the windscreen.
a fault occurred recently on a 2 hr drive home, the van went into limp mode and wouldn't top 40mph.
this is after MOT and service. Returned to garage and fault codes cleared

During the MOT, the wiper pump motor failed and had to be replaced.
The heating has just failed. on inspection, the water pump has failed and alongside that the timing belt needs to be replaced with it. £673

I had complained to the finance company but they weren't very helpful at all, please do tell me if you think im being petty, its just, this wasn't how i was expecting this purchase to go. I financed it for 20k, trying to have a decent looking and performing business van.

Is there any way out of the finance? does the 50% rule apply?

any advice would be much appreciated.

thanks for your time

[Pezza54]

Claim compensation from the dealer under SOGA section 15A breach of warranty
If the dealer refuses to repair you can make a claim, but not for maintenance work to the van or for minor faults.
You will need to show that the van was unsatisfactory quality taking into account the van's age, mileage and price paid.

A limited company has no rights under CCA or CRA, so VT under CCA does not apply in your case

[Gavino]

so am i unable to return the van? end the finance?
Does this still apply after this length of time.
Its not maintenance work, it's a failure of certain parts.
how can i show that the van was unsatisfactory quality.

[Pezza54]

List out the faults, the dates they occurred, the cost to correct them
Exclude maintenance and any defects that should have been visible at the time of pre-purchase inspection
Put the list to the dealer and seek compensation stating you do not consider the van to be of satisfactory quality under SOGA
If you end up having to start a court claim you should obtain a qualified auto engineer's report covering the defects and quality of the vehicle. Your claim would benefit from including the wording in the advert, especially if it stated vgc, fsh
If you win your claim (under £10k it should be allocated to the small claims track) you should get the cost of this report back

[Pezza54]

Also count the days you have lost use of the van because it was in the garage. Don't include standard servicing time. Work out your lost income. Include this figure in your claim