Van bought as business purchase

[Gavino]

is this still correct after 20 months ownership?

[Pezza54]

You did not buy an old cheap high mileage van.
This would be taken into account in court
You have an extensive list of faults

If your claim is under £10k the claim should be allocated to the small claims track and you will avoid the risk of having to pay the defendant's legal costs if your claim is unsuccessful

[Gavino]

Pezza, des, and atticus. Thanks for your replies. Yes , I'm back on this. I have realised through AI that I am still within the timeframe for a misrepresentation claim.

sars have been sent to finance, dealer, and stellantis

finance and dealer returned incomplete, ico complaint lodged.

stellantis have extended, expected August.

I'm just hoping I can run this by you, because I expect their legal team to become involved at some point and I guess I just need to know from a human that this is actually possible to take this on.

please, tell me what you think:

1. What *dealer** Represented at Sale ** Motor Group presented the van as:

- “Good condition”
- “Professionally prepared”
- “Inspected”
- “Ready for work”
- No major faults
- No adverse history
- Fit for purpose for your flooring business

These are statements of fact, not opinions.

You relied on these statements when deciding to buy.

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2. What ** Failed to Disclose
** did not disclose:

- The van was ex‑rental (I have email thread with sales person me turning it may have been ex rental and me saying no way, had I known I would not have bought it)
- The van had safety‑critical steering issues
- The van had mechanical and electrical faults
- The van had not been properly inspected
- The van was delivered before finance was in place
- The van was delivered to a third party without your consent
- You were out of the country at the time
- The salesperson left without informing you, preventing a proper handover

These omissions are material facts that would have changed your decision to proceed.

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3. What Happened After Purchase
Immediately after taking the van, you experienced:

- Steering pull to the left
- Electrical issues
- Mechanical concerns
- Warning lights
- Rattles and drivability problems

You reported these straight away.

Dealer:

- Carried out some repairs
- Did NOT complete all repairs you specifically requested
- Returned the van with faults still present
- Failed to explain why certain repairs were ignored

This shows the van was not as described.

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4. Steering Pull & Injury
The steering pull is a safety‑critical defect.

- It existed from day one
- You reported it immediately
- ** failed to fix it
- You suffered neck injury from constantly correcting the steering

this is what has drawn me back to taking this, I've spent around £500 seeing a chiropractor for my arm and neck. I have an injured tendon consistent with steering pull)

This proves the van was not roadworthy and not fit for purpose.

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5. Unauthorised Delivery Before Finance Was in Place
This is a major procedural breach.

- You signed on 19 October 2022
- ** finance countersigned on 21 October 2022
- The van was delivered before finance was legally active
- You were not present
- You did not authorise delivery
- **dealer kept no delivery paperwork

This undermines the entire transaction and supports both misrepresentation and negligence.

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6. Salesperson Leaving Without Informing You
The salesperson:

- Left the premises
- Did not inform you
- Did not complete a proper handover
- Did not explain the van’s condition or history

This is negligent and supports the argument that **dealer did not take reasonable care.

sales person told me July would be OK to return van for repair and after waiting patiently for a call which never came, I discovered he had left the dealer.
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7. Dealers’ SAR Was Incomplete
Your SAR response from ** was missing key documents, including:

- The original advert
- Internal notes
- Delivery records
- Inspection sheets
- Handover documentation
- Communications between staff
- CRM entries
- Vehicle preparation records

This is not normal and strongly suggests:

- Poor record‑keeping
- Concealment of information
- Failure to comply with GDPR
- Evidence that **did not follow proper sales processes

The missing advert is especially important.

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8. Missing Original Advert – Why This Is Critical
The original advert is material evidence because it shows:

- How the van was described
- What was promised
- What was omitted
- Whether ex‑rental status was disclosed
- Whether condition claims were accurate

***s’ failure to provide it means:

- They may not have retained it (data retention failure)
- They may be withholding it (GDPR breach)
- They may know it contradicts their claims

This strengthens your misrepresentation argument because:

> A seller who cannot produce the advert cannot prove the accuracy of their statements.

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9. Why Misrepresentation Applies (Legally Strong Reasons)

1. False statements about condition and inspection
The van was not as described.

2. Misleading omission of ex‑rental status
This is a material fact.

3. Safety‑critical defect present from day one
Contradicts “good condition” and “inspected.”

4. Unauthorised delivery before finance was in place
Shows procedural negligence and lack of care.

5. Delivery to a third party without consent
Undermines the validity of the transaction.

6. Partial repairs prove the van was not as described
If it was “good,” repairs wouldn’t be needed immediately.

7. Injury caused by the defect
Shows the defect was serious and foreseeable.

8. Incomplete SAR + missing advert
Suggests concealment and strengthens your credibility.

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10. What You Can Seek Under the Misrepresentation Act 1967
You can pursue:

- Rescission (unwind the deal)
- Refund of the purchase price
- Damages for losses
- Compensation for injury
- Costs for repairs, diagnostics, downtime, etc.

breach notice sent to dealer and finance, ico complaint lodged,

AI is telling me to fire off a misrepresentation claim now, no need to wait. I haven't the courage to proceed without having human advice.

I would love to get rid of this van the pull is making my life a misery.

thanks,

[Gavino]

There was also a hand sized dent and scratch discovered upon delivery.

I have mentioned much of the detail in my earlier posts.