Tourer

[Guest]

Hi all have been miss sold a towing carvan have pretty clear cut evidence. Sales post was service 2019 once confronted with issues informed no service was done. Conviently for me I have the service report that was done 2019 but some of the report is missing.*
Today upon having it serviced well woodworm. That has been hidden I mean a whole through the floor.*
What's the cost of taking this to court and are my chances as great as I think they are*

[des8]

There is always an aspect of lottery around court action, especially for small claims.

Haven't a clue what your chances are as your post is not sufficiently clear nor full enough

[Tourer]

What information do you need? I brought a carvan privately for 2.500 advertised as serviced 2019 with paperwork half the paper work is missing conviently relating to reports. Call me stupid this is the first carvan I've brought and I've learnt alot already. So I get the van checked as I felt that some reports being missing was odd. This carvan was sold as a solid dry van. There is a hole in the floor that has been discreetly coverd. It has woodworm damage. Have been quoted 1,000 for damage repair. I am on day 22 of the sale not law savey it is a private sale not from a business or trader.we have the photo evidence of the ad I have the half of the service document 2019 and a new invoice from the repair place pics of damage and seller advert solid dry van.

[des8]

As it was a private sale, the principle of buyer beware immediately comes to mind.

Whether or not you have a winnable case under the Misrepresentation Act 1967 depends entirely on what the advert stated, and what the seller might have told you. You will not have a case under the Consumer Rights Act 2015
If the advert stated serviced 2019 with paperwork and you were given* paperwork, did you not realise at the time some was missing?
The fact that not all the paperwork was present won't necessarily mean there was misrepresentation.

You say it was sold as "solid dry van", but the floor had a concealed hole.
Now does a hole in the floor challenge the description as "solid"? I don't know as I suspect it will depend on the size and position of the hole.
Does* woodworm* challenge the description as "solid"? Again it will probably depend on the extent

[Tourer]

Sales description and said hole. I appreciate the information thank you*

[Tourer]

Struggling to load the photo of the hole but it's the size of a large saucepan for size reference*

[Tourer]

Here's a conversation we had*

[des8]

How old is the van,?
What was the cost?
These points need to be borne in mind when considering what action, if any, to take

The point I would pick on is the statement "the only fault is the cracked window".
That would seem to be fraudulent as the van had a sizeable hole in the floor which was known to the vendor
However nothing else seems untoward as presumably the woodworm was not concealed
Does the £1000 estimate cover other faults?

[Tourer]

The woodworm was hidden along with the hole. It had new panels over the top and on the bottom of the van the bottom had also been painted. which they had checked 2019 a shassy check was done. the van is a 96 plate 2.500 was the cost the repair work is purely to put right this issue that I have found. I'm yet to figure out if the person whom checked the van in 2019 was a bit doggy as the report seems not to match shassy check good n there's a small square of wood been placed over the hole on the under side of the van.*

[des8]

So a 24 year old van.
I could see a defence argument along the lines that the van was good and solid for its age.
The hole had been repaired and the van maintained in line with its age eg the new panels and repainting.

If you were to take this matter to court you would need to prove* the advert was misleading, and from the detail as posted here I think you would have difficulty.* This doesn't mean there wasn't misrepresentation, just that you might find it difficult to convince a judge.