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Can I please ask for help from anyone? I have bought a Van in Sept and within 3 weeks it broke down. It took 2 weeks for VW to find the fault and have now refused to fix the van as it is not under warranty. I originally sent a letter requesting a refund using Consumer Rights Law which i had no luck with and have now resent one with Sales of Goods Act but i feel that the seller is not going to pay out. What are my options?
5 January 2024
Dear xxxxxxxxx,
Re: Complaint about faulty goods
I bought VW Transporter ABT-e Electric Van from you on 16th September 2023. I paid £16300. I now find the goods have the following fault:
1. I discovered that it was not of satisfactory quality: The van would not start and showed an Error, Electrical System – Stop fault. It was then recovered to VW dealership in xxxxx, where it has remained.
2. It is now clear that the van was not serviced as stated when completing the sale (Full main dealership & service history) and according to VW is out of warranty as a result.
3. I have since spoken to VW customer services who have informed me on the 22nd December 2023 that the vehicle was purchased through an auction and was sold as seen.
Under the Sale of Goods Act 1979 (as amended), goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you give me a full refund of £16,300. I have also now incurred Vehicle hire costs of £1,483 to date (receipts can be provided), so in total £17,783.
In support of my claim, I have enclosed:
Bank Transfer: xxxxxxxxxx
If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
Yours faithfully,
xxxxxxxxxxxxxxxxxxxx
His reply
On Mon, 8 Jan 2024 at 09:13, Sales <sales@owensexpressmotors.co.uk> wrote:
5 January 2024
Dear xxxxxxxxx,
Re: Complaint about faulty goods
I bought VW Transporter ABT-e Electric Van from you on 16th September 2023. I paid £16300. I now find the goods have the following fault:
1. I discovered that it was not of satisfactory quality: The van would not start and showed an Error, Electrical System – Stop fault. It was then recovered to VW dealership in xxxxx, where it has remained.
2. It is now clear that the van was not serviced as stated when completing the sale (Full main dealership & service history) and according to VW is out of warranty as a result.
3. I have since spoken to VW customer services who have informed me on the 22nd December 2023 that the vehicle was purchased through an auction and was sold as seen.
Under the Sale of Goods Act 1979 (as amended), goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you give me a full refund of £16,300. I have also now incurred Vehicle hire costs of £1,483 to date (receipts can be provided), so in total £17,783.
In support of my claim, I have enclosed:
- Original advert from xxxxxxxxxxxxxx showing that the vehicle was advertised as For Sale with Full Main Dealership service history.
- Invoice for the sale of the van from xxxxxxxxxxxxxxxxx
Bank Transfer: xxxxxxxxxx
If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
Yours faithfully,
xxxxxxxxxxxxxxxxxxxx
His reply
On Mon, 8 Jan 2024 at 09:13, Sales <sales@owensexpressmotors.co.uk> wrote:
Good Morning xxxxxx
I am in the process of addressing this as we have appoitnment to go to main dealer in regards to this warranty
My Reply
Good evening,
Thank you for your response, though I would like to confirm that your 'appointment' (as all previous appointments you have eluded to have not taken place) with the main dealer has no impact on the fact that I have requested a refund as the original issue happened within the first 30 days of ownership and, as a result I have repeatedly invoked my right to reject the vehicle under the Sale of Goods Act 1979, as the van sold to me was not fit for purpose.
I have also now been made aware that the warranty that the van should have also had (as stated on your website) a totally free 3 month parts and labour warranty on all vehicles and this was never processed with Auto Union Warranties. This is again another issue of a fraudulent sale of the vehicle to me.
I would also confirm that at no stage has a repair or replacement been offered from you or your company.
You now have 11 days to settle this matter.
Kind regards,
Mark Dunne
I am in the process of addressing this as we have appoitnment to go to main dealer in regards to this warranty
My Reply
Good evening,
Thank you for your response, though I would like to confirm that your 'appointment' (as all previous appointments you have eluded to have not taken place) with the main dealer has no impact on the fact that I have requested a refund as the original issue happened within the first 30 days of ownership and, as a result I have repeatedly invoked my right to reject the vehicle under the Sale of Goods Act 1979, as the van sold to me was not fit for purpose.
I have also now been made aware that the warranty that the van should have also had (as stated on your website) a totally free 3 month parts and labour warranty on all vehicles and this was never processed with Auto Union Warranties. This is again another issue of a fraudulent sale of the vehicle to me.
I would also confirm that at no stage has a repair or replacement been offered from you or your company.
You now have 11 days to settle this matter.
Kind regards,
Mark Dunne
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