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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience:  Over 5 years in practice
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I purchased a van on ebay through a dealer. I asked if the

Customer Question

I purchased a van on ebay through a dealer. I asked if the van was as advertised the sales man walked around the van and said yes it was and was immaculate. I purchased van with bankers draft and fetched it from Coventry. I was short of time when picked it up and the fuel warning light was on> I looked for garage and filled up. On the motorway back home I noticed that it had no cruise control and no multi function steering wheel as clearly stated in advert( Ive retained copy) I got in touch with the dealer who said that they could be fitted. I'm an engineer and have tool boxes and racks and shelf's. I swapped them to new van days work 3men then was told later by salesman that the functions could not be fitted. I was offered an alternative van at £21000 £3000 more than original and another van not as good as the original. I have asked for my money back which they agreed to 3days to reach my account!! But I have incurred expenses of £1300.00 in loss of earnings and wages to put racking in the van then take out again!! where do I stand in law
regards
Andy Mcpherson
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

Am I entitled to compensation? It has cost me £1300.00 in loss of earnings and wages payed to swap tool boxes and racking! And I have no van to show for all the hastle

Expert:  Jo C. replied 2 years ago.
Is this a commercial seller or a private one please?
Customer: replied 2 years ago.

midland van and truck! a big company

Customer: replied 2 years ago.

big commercial dealer

Expert:  Jo C. replied 2 years ago.
Thanks.

You have a claim for damages if the loss was "within the contemplation of the parties." There is case law on that Hadley v Baxendale.

That means that you would have had to have told the original seller that you were going to have to fit boxes and racking in this and why you wanted it.

If the seller was aware of that, then you can claim for these losses. If the seller was not aware of that, then you cannot.

This will be Small Claims Court claim so it may be worth running the risk. If they do contest the matter then realistically you are likely to loose unless, of course, you are in a position where you explained about the racking and the boxes.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

I went over to Coventry in my old van and explained to the sales man I had bought the same size and make of van as all the racking and tool boxes would fit. I would not have gone to all the hassle of removing them from old van to new van and back again if I had not been told the were going to fit cruise control and multi function steering wheel

Expert:  Jo C. replied 2 years ago.
As you told the salesman that you were going to fit racks and boxes, clearly, he knew about it and obviously there would be time, and hence a cost in doing so

The fact that it may have cost more to fit all this than he was thinking about, is immaterial.

There is case law on that also Parsons v Uttley Ingham. So the loss would appear to be within the contemplation of the parties, even though the amount of loss is greater than he thought.

Its probably worthwhile suing. He may well settle as he will not want to waste the manpower on a day in court.
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks I'm so angry that they just have a matter of fact attitude. I have had to purchase another van so I can restart work from merc trucks
Expert:  Jo C. replied 2 years ago.
Yes, I do understand.

You have only two options really if they will not pay. Either walk away and write it off or sue.

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