Vehicle purchase. Mis-sold vehicle

[Pathfinder40]

Good morning, I am new to the forum and looking for help. I will write a brief outline on what I have experienced.

I saw a vehicle listed for sale, spoke with the owner and agreed to view. The vehicle was sold from a business premises and owned by the company. A WhatsApp message from the owner the night before viewing said “can potentially do a cash sale” to which I replied, apologies I was not aware it is +VAT. It I a personal purchase not company. It’s not something I can afford. He said to view anyway. I attended, looked at the vehicle and had a brief test drive. I asked him what amount he wants for the vehicle to which he replied £13,500. I left a deposit of £1500 via card payment to his business, then he asked for the remainder to be either cash or bank transfer to his personal account. He has since claimed he did not have access to his business bank account to which I countered with. I paid a deposit on Saturday via card machine, I could have done the remainder Sunday. The following day Sunday 19th Jan I brought £5000 cash + the remaining £7000 transferred into his desired account. I left the premises and started to drive home. Driving around 20minutes I got onto the M1 motorway and the vehicle overheated and I was forced to pull over. I tried to contact the seller to which he replied “I am in the pub” he ignored all my correspondences until I emailed his company direct. The van was looked at b y a mechanic who has informed me that the head gasket has blown. Speaking with multiple garages this is a large cost £5000+. The seller has now contacted me to say he will pay £1500+vat to my desired garage to fix the damage. This does not cover costs. I did uncover a garage that has done work on said vehicle back in 2022 investigating a coolant leak. Indicating the issue was historic. He did not pass over this invoice for leaking coolant, I had to phone multiple garages to find out. They will not release the document to me due to GDPR. Also a small sign that the business was aware of this is a large bottle of water I found in the van that had clearly been there for some time and was not used as a drinking bottle. I believe this company was aware of the faults and mis sold this vehicle.
thank you for any help I am truly heart broken and the vehicle was for a family trip to Europe in February. This now won’t be happening.
I have photos of correspondence if required.

[Pezza54]

Hi
Welcome to LB
Is the company a used car dealership?
Did you pay the deposit by credit card?

How did the advert describe the van?

[Pathfinder40]

Thank you for your reply. I’m in a right state! Van described as immaculate condition. It is a sailing business not a motor trader. The vehicle is in the business name. No credit card it was debit card on his shops machine.

[Pezza54]

It is my belief that the seller, as he was selling the van for purposes relating to his business (the van was in the business name and you paid the deposit to the business account) he falls under the definition of "Trader", CRA Part 1 2 (2)

Provided you are a consumer, (you did not purchase the vehicle for use in your trade), you benefit from the provisions of CRA
If the seller believes you are a trader and not a consumer, the seller must prove it

Under CRA the goods (the van) should be of satisfactory quality and fit for purpose. The van clearly wasn't

You should write to the seller stating you are exercising your right as a consumer to reject the car under CRA short term right to reject the goods. Point out what happened to the van and you do not consider it satisfactory quality nor fit for purpose.
Also write the vehicle is available for collection and that you expect a full refund within 14 days after collection

[Pathfinder40]

Thanks for that. I am an Account manager for a security company. I used to be on the tools a few years back but the vehicle was purchased due to an allowance being given from the company to cover travel to and from different locations, to meet clients, the main reason of purchase is to travel with my wife, children and dog. The vehicle is a crew cab van so it has seats in the rear. Would my line of work be classed as a trade?

[Pathfinder40]

I will add the van was purchased through my personal account which all PAYE payments to into from the company I work for.

[Pezza54]

In CRA a consumer is defined as "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."
The vehicle is in your name paid with money from your own bank account
If queried, you should maintain you bought the vehicle for family holidays. You do not need this type of vehicle to meet clients. Hopefully you only use the van occasionally during working hours
Bear in mind if you end up making a court claim using CRA legislation, the defendant seller may attempt to film/photo use moving labour and/or materials in the van

[Pathfinder40]

Ok understood. The long and short of the reason behind this vehicle purchase is it has a lot more space and can comfortably be used as a camper when travelling. Yes the vehicle is in my name and paid for personally. The van is not drivable and parked so there is nothing to be filmed or photographed. I have since had an offer in writing from the seller. See below. The damage cost is quoted at £5000+. I have also been sent an

Dear
Further to our phone call earlier today. I can confirm that as a matter of good we will contribute £1500 + vat towards the repair of new Cylinder head gasket.
You can use a garage of your choice but request that an invoice from the garage be made out to ******** for the amount above.


In my position what is the likely hood of me getting a full refund?

Kind regards

[Pezza54]

Both parties will want to avoid a court claim. The claim would be over £10k so it will probably be allocated to the fast track, which carries the risk of the loser paying for the other party's legal costs. You would have to obtain an auto engineer's report about the head gasket and engine damage. The van could be parked undriveable for a year and you should continue to insure it
This is difficult to advise, it is your choice whether to accept the seller's offer or write to reject the van.
Even if you were to win your claim in court there is no guarantee that the defendant will refund your money

[des8]

I would just jump in here and point out you could sue for cost of repair.
If this puts the claim is below £10,000, the action will probably be allocated to the small claims track and so you would avoid the risk if losing of paying the other's legal costs