Second hand van

[Painterboy]

I purchased a van on 18th June from a car dealer for £1,700.00 with full mot and 6 months warranty when I picked it up and drove home the gears starting playing up after only 16 miles I could only get 2nd and 4th gears no reverse. Phoned dealer and he said they will pick it up on mon 20th I drove my other car to the garage and asked for a refund as I wasn't happy he said they will repair it , I still refused and wanted a refund he said how does he know that I didn't cause the problem with my driving. He said he has the right to repair but I'm not confident with the van being repaired

[des8]

Re: Second hand van

Hi and welcome.
He does not have the right to repair(although you have the right to request a repair if you wish)
Consumer Rights Act 2015 requires vehicle to be of satisfactory quality.And fit for purpose
Goods that do not comply as such within 6 months of purchase are deemed to be faulty from time of purchase
If it is not the purchaser has the right to reject the vehicle within the first 30days for a full refund.(sec 20 & 22)

[Unregistered]

Re: Second hand van

Thanks for the reply, the van is being picked up on Monday for them to look at the problem, if they go ahead and repair it before telling me what's wrong can I still get a refund? I know things happen but it didn't fill me with confidence after only 16 miles he stated the van was ok when I drove it out the forecourt

[des8]

Re: Second hand van

If you do not want the van back, on Monday when they come to collect it hand them a letter rejecting the vehicle and requesting a full refund.
In the letter tell them you are doing so under your consumer rights as in The Consumer Rights Act 2015, and they should refund the money within 7 days.

How did you pay for the vehicle: cash/debit card/credit car/finance?
There may be other ways to obtain your refund.

[Painterboy]

Re: Second hand van

I paid cash, I have all the paperwork and warranty he wants to see the van first to see what's wrong with it. I'm a bit concerned if they repair it along with some other issues I raised which they are going to do once they look at it, that they go ahead with repairs and say that the van is ok now, which no doubt it will be, I won't be able to get a refund. He said that he knows his rights as well and that he must be allowed to look at the van before giving a refund.

[ostell]

Re: Second hand van

Yet another trader that learned about the sale of goods act but hasn't noticed that the Consumer Rights Act crept in last year. There is someone else on here having similar problems with a computer that broke within a few days.

You may be interested in this précis of the act from Which Note the first item in the list. The Sale of Goods Act did allow for having to accept one attempt at satisfactory repair. The full act is here

The CRA 2015, introduced last October, allows you to reject absolutely if a failure within the first 30 days. After 30 days he has the right to attempt one repair, as before.

Have that letter ready for whoever picks up the car on Monday morning.

Something along the lines of:

Dear Sirs,
Reference Van registration number xxxxxxxx
Because the vehicle has failed within the first 30 days I am exercising my rights under section 22 of the Consumer Rights Act 2015 to reject the defective vehicle. I require that the price of £xxxxxx is refunded to me within 14 days, as required by the Act.

Please note that under the above act there is no requirement to allow you an attempt to repair.
Yours etc

The trader does not have the right to charge for picking up the car.

Wait for others to suggest other wording. It must be done before he starts repairs under the assumption that you have accepted a repair.