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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i have purchased a van from a dealer and have had a few

Customer Question

hi i have purchased a van from a dealer and have had a few problems with the van the momment i bought it. The van went in for repairs and come back out with the air conditioning not working i have told the dealer within 1 month after purchase the van and they are saying that this is not covered in the warranty the part that is faulty costs £700 plus fitting the van they have give me courtesy van while my van is getting fixed for additional problems do i have to give the courtesy van back even thou i am still not satisfied with there answer? please help many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Did you buy this van as a personal consumer or as a business?

JACUSTOMER-7gnmgo02- :

hi ben was for my personal use and for my business yes

Ben Jones :

So did you buy it as a business, who paid for it - you personally or your business?

JACUSTOMER-7gnmgo02- :

yes half and half really i got the van on finance cost just over 16,000 vw t5

JACUSTOMER-7gnmgo02- :

i have a property maintenance business

Ben Jones :

ok and hat are yo hoping to achieve in this situation?

JACUSTOMER-7gnmgo02- :

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!?

JACUSTOMER-7gnmgo02- :

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

Ben Jones :

ok let me get my response ready please

Ben Jones :

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

Ben Jones :

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

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