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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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purchased a Vauxhall van price 2150 with 3 months guarantee

Customer Question

purchased a Vauxhall van price 2150 with 3 months guarantee van has been back 6 weeks out of 12 can I claim my money back as I find the van is not fit for purpose and under consumer law I can claim a full refund
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Did you buy from a dealer?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.

When did you buy?
Customer: replied 2 years ago.

October 28

Expert:  Jo C. replied 2 years ago.
Thats bad news.

When was the first fault noted and whats the nature of it?
Customer: replied 2 years ago.

3 weeks arfter buying tubo fault waited 2 weeks for replacement then after a short time tubo went again I was informed they only fit secondhand ones

Expert:  Jo C. replied 2 years ago.

I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.

This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

You've only had it for a few weeks before a fault developed so it would be hard to argue that you accepted it. There are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle.

The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.

You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.

However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.

You do seem to be describing nearly a long and repeated repair which is significant so you could try to claim a refund on that basis.

Ultimately if they refuse though, they cannot be forced to provide you with an exchange. All you can sue for is damages in default.

Hope this helps. Please let me know if you need more information.


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