Rejecting a faulty vehicle

[TaheenS]

It sounds like you've been dealing with a frustrating situation with the faulty van. Here's what you might consider:

1. Citizens Advice: Seek guidance from Citizens Advice (https://www.citizensadvice.org.uk/) on your rights regarding the faulty van purchase. They can explain your options and potentially help draft a strong response to the dealer.
2. Dispute resolution: Consider alternative dispute resolution (ADR) through the Motor Ombudsman (https://www.themotorombudsman.org/wp...umer_Guide.pdf) if both parties agree. This can be a faster and more cost-effective way to reach a fair resolution.
3. Small claims court: If ADR fails or the dealer refuses to cooperate, consider taking legal action through small claims court. Gather all relevant documentation, including the purchase agreement, emails, mechanic reports, and any communication with the dealer's solicitor.

Here are some important points to remember:

• The checkbox: While the pre-ticked checkbox claiming commercial use is suspicious, it might not automatically negate your right to a refund if the van was misrepresented as being in good condition.
• Rejecting the vehicle: You correctly rejected the vehicle within 30 days of purchase due to the major fault.
• Communication: Document all communication with the dealer and their solicitor for future reference.

While pursuing a full refund can be stressful, seeking professional guidance from Citizens Advice or engaging in ADR can strengthen your position and potentially lead to a fair resolution. Good luck!

[SEAClouds]

Thank you for your contribution. I have contacted Citizens Advice and reported the dealer to Trading Standards. The response has been an outlining of the law and a suggestion that if that doesn't work try mediation or court action. The dealer is not signed up to any codes of practice and has stated that the Motor Ombudsman does not apply to commercial vehicles so mediation is not possible and the Consumer Rights Act is not relevant. I am not aware of any other professional mediation bodies that would help and if the dealer won't agree to mediation it is pointless.

Whilst I reported the fault of the vehicle within 30 days I didn't explicitly reject it until 33 days, would that go against me in court? The 'repair' he did lasted 3 days so he clearly didn't do anything serious to fix the problem.

I am pleased that the dealer has stated I will be reimbursed if I return the vehicle to him, albeit at my own expense. My concern is that he will then offer a refund value far below what I paid which is contrary to my consumer rights which would indicate I should get a full refund. I don't mind losing a bit of money just to get this over with but the dealer doesn't seem very trustworthy so it's a big risk.

[SEAClouds]

I shipped the vehicle back to the dealer, at my own expense, after he promised to reimburse me within 14 days. That time has now passed and I have had no communication, no reimbursement and he is not replying to messages. I didn't think this situation could get any worse. Can anyone help?

[Pezza54]

You should send the dealer a LBA stating that you rejected the car under CRA Section 20 Final Right to Reject after he failed to repair the faulty gearbox.
You returned the vehicle as agreed to the dealer after he told you that if you return the vehicle again his solicitor would "unwind the contract". The dealer has now failed to refund you any money (as it is a motor vehicle he is entitled to make a deduction for usage)

You should also state you bought the van as a consumer, the vehicle intended for personal use only and that you have proof of this. (Under CRA the dealer has to prove that you are using the vehicle for business use - but don't put that in your letter)

There are template LBAs on the internet (which, citizens advice) . You should select one and amend it to suit your case
Send the letter by first class post, obtain a receipt of postage and also send it to the dealer attached to an email

If the dealer is a limited company, check the Companies House register

[SEAClouds]

Thank you for your help, much appreciated. I will send a letter and if that is ignored I will have to go to court. I can't believe the dealer is so corrupt!

[SEAClouds]

The dealer has finally replied stating that he has tested the vehicle and there is nothing wrong with it. This surprises me as when I tested it the gears didn’t work nearly every time making it unroadworthy.

He says he will message again shortly with his final verdict.

What if he has attempted to repair it again and insists I keep it? I absolutely don’t want it, I have bought another vehicle.

[DE DOGS]

The dealer has finally replied stating that he has tested the vehicle and there is nothing wrong with it. This surprises me as when I tested it the gears didn’t work nearly every time making it unroadworthy.

He says he will message again shortly with his final verdict.

What if he has attempted to repair it again and insists I keep it? I absolutely don’t want it, I have bought another vehicle.

As with all vehicles purchased used, (and I use this term loosely), it is a gamble, always use a Credit Card as you have more rights, and dealers will try every trick in the book to avoid repaying you, my thoughts are a letter to them stating that, you are rejecting the vehicle, and are unless repayment is forthcoming, you will be issuing Court action, a gamble but looking at the action so far I cannot see you have any option.

[Pezza54]

The dealer is denying there is anything wrong with the gearbox and for a strong court claim you need to prove that the fault still exists.
If the dealer maintains his stance, you should visit the garage and have a long test drive with the dealer.. As you didn't get an auto engineer's report about the gearbox after the dealer claimed he had fixed the fault you may have to take the vehicle back if the fault does not reappear on the test drive

[SEAClouds]

I have video footage of the gears malfunctioning, a witness statement from a passenger and a report from a mechanic that lists the faults. The dealer knows this. I would not have returned the vehicle if it was working fine. I am puzzled as to why he is claiming there is no fault. Still no further communication. This just keeps dragging on.

[Pezza54]

Your post #20. Did you send that letter rejecting the vehicle? If not you should send it now. The dealer is causing you significant inconvenience by taking an unreasonable amount of time to offer a solution -a breach of CRA

[SEAClouds]

I have previously sent a letter rejecting the vehicle but was told I did not have the right to reject due to the vehicle being for commercial purposes, which it never was.

I have been contacted today to say that the long delay is due to waiting for a '3rd party court recognised inspection service' and that I will have a verdict on Monday.

I suspect he has had another go at fixing it!

[Pezza54]

What is your job?

[SEAClouds]

I work in horticulture, why?

[Pezza54]

If your claim reaches a hearing the judge is likely to ask the same question. A van can be used in horticulture work delivering flowers, plants, shrubs.
Had you said a job where a van is not used such as an office job your case would be stronger
The defendant is going to produce the document with a cross in the box that the vehicle was bought for commercial purposes and may argue that as he completed the form on your behalf he explained the consequences of the answers
The judge may decide you did not purchase the van as a consumer under CRA

[SEAClouds]

My job is entirely office based. I work in sales and rarely leave my desk. It is not my business, I am an employee and my contract prohibits me from taking other jobs. Any vehicles used by the company are bought by the Managing Director, not me. I paid for it with a personal loan through my personal bank account. The insurance states personal use only. The logbook states my home address. I do not own a business.