Not sure if citizens rights still exist, trading standards or some other legal advice should the provider not take responsibility and take the machine back. I bought a 110 Landrover some years ago from a very well know provider of Landrovers in the outer London area. I became very suspicious on its performance which was much enhanced and it did not appear to regenerate. So I took it to a well known independent specialist who examined the DPF with a laparoscope. It had been completely removed by drilling out. Furious I rang the company and demanded they take it back, They blustered a little but relented and came to remove the vehicle having reimbursed me first. I feel quite uncomfortable about it even though it was a few years ago that someone might deliberately defraud us in the first instance, that I had to go to all that trouble expense and then had to completely revise plans which where already in motion and cancel things including a long off road holiday. That I felt unhappy and uncomfortable about the possibility of taking legal action or in some way jeopardising the return of our cash. It would have been better to have taken them through the courts and razed some publicity and perhaps sued them as well. I was surprised in the first instance when we bought the machine because the tank showed near empty but was assure that the tank had some in and where to buy fuel. Well it did not make 100 yards and had to walk back and ask for help, it was the end of the working day. No apologies. Also when they came to pick the machine up after reimbursing us I brought up the theft of fuel from the tank and the poor service by letting a customers vehicle out of the premises without any fuel. Their answer, "everyone does it!"
Sold van with faulty EGR… what would you do!?
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You’ve been played. Reject it. Take it back Monday and demand a full refund.
Thanks everyone!
Is there somewhere this liability is written down?
It’s looking like they are planning on making it hard for me to return …. last I heard from the owner on Thursday he was “seeking legal advice” - so looks like I’ll be calling the lawyer in the morning.
Can’t understand why he wouldn’t just accept the return and sell it to some other mug. He called and said some nonsense about HMRC making it difficult to report the VAT if it was refunded and then something about the mechanic who diagnosed the fault having to testify in court!! He also claimed to not know his own warranty terms and that the issue (misdiagnosed by my “negative” mechanic) could be fixed in half an hour. All very weird!
Enjoying the thread though - thanks all.
Consumer Rights Act 2015.
In short, if a fault occurs within 6 months it is deemed legally to have been either present or developing at point of sale and it is their responsibility to sort. Warranty is irrelevant.
If a fault occurs within 30 days you can simply reject the vehicle out of hand and do not have to give them an opportunity to repair.
He can take whatever legal advice he wants, although he won't - he knows the regs and is just blowing smoke as a delaying tactic in the hope youll give it up as too difficult.
There's nothing his (non existent) legal advisor can say that negates a single word of this...
What is the Consumer Rights Act, and how does it affect my vehicle purchase? - The Motor Ombudsman
If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. This means that, when you buy the vehicle, it has to be of satisfactory
www.themotorombudsman.org
Pretty much what Sasquatch says. Standard that they will be throwing up as much smoke and legal waffle-waffle to put you off as they can. Only thing to add is make sure everything is in writing, or you have recorded any phone calls. Also worth having a good look around the web to ensure you follow the correct process eg Moneysavingexpert & Which etc.
Also if they threaten you with legals I would advise them that means you would need your own legals and will expect them to pay for that when they do refund.
Its now not about the vehicle, its about the refund process, its just annoying you have the cash tied up whilst you sort this.
Also if they threaten you with legals I would advise them that means you would need your own legals and will expect them to pay for that when they do refund.
Its now not about the vehicle, its about the refund process, its just annoying you have the cash tied up whilst you sort this.
Ah yes, thank you. Unfortunately and remarkably because the van was bought for work the CSA 2015 doesn’t apply. There is the Sale of Goods Act and Unfair Contracts Act, though these are less powerfully tilted in the buyer’s favour… I’ll need to prove the van is faulty. :/Consumer Rights Act 2015.
In short, if a fault occurs within 6 months it is deemed legally to have been either present or developing at point of sale and it is their responsibility to sort. Warranty is irrelevant.
If a fault occurs within 30 days you can simply reject the vehicle out of hand and do not have to give them an opportunity to repair.
He can take whatever legal advice he wants, although he won't - he knows the regs and is just blowing smoke as a delaying tactic in the hope youll give it up as too difficult.
There's nothing his (non existent) legal advisor can say that negates a single word of this...
What is the Consumer Rights Act, and how does it affect my vehicle purchase? - The Motor Ombudsman
If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. This means that, when you buy the vehicle, it has to be of satisfactory
Vehicle inspection | Pre-purchase car inspections | The AA
Buying a used car, van or SUV? Book an AA vehicle inspection to check its health. Choose a basic or comprehensive check with up to 206 points tested.
www.theaa.com
You'll get a report that can be used as evidence.
You already have.
This could have been resolved the day then topic was posted. If he won't refund drive the van to their premises, park it across their entrance with large notices in the windows explaining the problem, lock it and walk away while on the phone to the local paper.
The one time I pulled that stunt they were on the phone offering the refund inside 10 minutes.
Instead we now have days of procrastination and the possibility of a refund become a more distant prospect with every day that passes.
The one time I pulled that stunt they were on the phone offering the refund inside 10 minutes.
Instead we now have days of procrastination and the possibility of a refund become a more distant prospect with every day that passes.
Absolutely - the more the clock runs on, the lower the prospect of securing a refund.
Which is what I was trying to avoid.
I like a lecture - makes it feel like I’m at home!!!
Thanks Sasquatch. This seems a very viable plan. I don't think I'd block the entrance... as this is illegal and would probably just get the van towed. But, there's a nice spot on the corner of two busy roads directly outside that business.... a lot of people drive past there.
My solicitor will write a no-nonsense letter to them this week. (They're even in breach of their on T&Cs which state front and centre that the vehicle has been fully tested and is fault free and fit for purpose). If they've not accepted the van back by Friday I might just do this and see if they resort to vandalism!
Its not a crime, and only the DVLA or Dibble can lawfully tow - make sure its fully on their private property and the dibble cant do that either.
Business, sadly - sole trader without a legal department!
Here's a fun update for you guys: the seller has decided to fight, it seems.
They have argued that they have a timestamped and dated diagnostic which shows no fault codes from the morning of the sale. They also suggest that I drove the van a "significant distance" (25 miles! image of dash with trip counter sent to them) before the faults appeared - therefore it's not their problem.
They also reckon that the burden of proof that the fault predates the sale is upon me, and also that the fault is minor and can be repaired quickly (they are currently glossing over the mechanic's reports which say new EGR).
The local VW dealership's diagnostics place is booked up until September but they have offered to plug it in and have a look... but it remains to be seen if the brain will hold any useful information about when the codes were cleared or not.
They have argued that they have a timestamped and dated diagnostic which shows no fault codes from the morning of the sale. They also suggest that I drove the van a "significant distance" (25 miles! image of dash with trip counter sent to them) before the faults appeared - therefore it's not their problem.
They also reckon that the burden of proof that the fault predates the sale is upon me, and also that the fault is minor and can be repaired quickly (they are currently glossing over the mechanic's reports which say new EGR).
The local VW dealership's diagnostics place is booked up until September but they have offered to plug it in and have a look... but it remains to be seen if the brain will hold any useful information about when the codes were cleared or not.
The you have fewer rights sadly.
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