Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Did you buy this van as a personal consumer or as a business?
hi ben was for my personal use and for my business yes
So did you buy it as a business, who paid for it - you personally or your business?
yes half and half really i got the van on finance cost just over 16,000 vw t5
i have a property maintenance business
ok and hat are yo hoping to achieve in this situation?
well i would like the dealer to do the repair on the air con as it was working when i bought the van and after repairs its not!?
im unsure of what to do as i don't want to pick the van up and accept that they cant fix it under warranty
ok let me get my response ready please
It appears that you purchased the van as a business buyer because you are using it for your business. As such you will not have the same rights as a private consumer and the law will not provide as much protection in such situations. For example, you will not be eligible to rely on the Sale of Goods Act to argue that the van is not of satisfactory quality or as described.
You can however raise the matter of negligence with them if you can show that they were responsible for the A/C not working. The issue is that this could have happened anyway and is not necessarily their fault. It could be a coincidence that it stopped working when in their possession. So you will need to be able to show that they were at fault for this and for that you may need to get the opinion of an independent mechanic. In any event, it is unlikely that the warranty will cover this as that would only cover issues that may have been present at the tie of purchase, not something which happened afterwards.
You cannot keep the courtesy van as ‘ransom’ until they fix the problem. If they request that back then you do not have the right to keep that. It means that to pursue the matter further, most likely thou the small claims court. You could of course remind them that this is where this will end up if it is not resolved and hope that some pressure will make them reconsider their position, however you cannot actually force them to help you or fix this. As such, if they do not cooperate you will have to get the A/C fixed elsewhere and then pursue the dealer for the costs.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks