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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I purchased a van advertised on ebay from a company Deltaflag

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I purchased a van advertised on ebay from a company Deltaflag ltd t/a Pro Motors in Southampton. The advert stated it had 49,898 miles on the clock and would come with 12 months mot & 12 months warranty. I was told that if I paid the asking price that morning (Friday) they would mot it & deliver it that after noon. I went to the bank transferred the money (£3,995) told them I had transferred the money & they said the van would be with me that afternoon. About 5-30 that afternoon they rung to say it had failed the mot on a broken spring & they would get the spring on Saturday & deliver it on Monday but I told them I needed the van for work so they agreed to deliver it Sat. pm. Saturday pm. I rang up & they still insisted it would be there in the afternoon but it did not arrive. I rang them on Monday & was told it was still in the garage being repaired & would be delivered on Tuesday pm. It finally arrived about 7 pm and although I tried to explain my disappointment to the lad that delivered it he said he was only the delivery person & to take it up with the people in the office. In the morning I tried to start the van but it would not turn over (flat battery). I called the AA out & they tested the battery but it would not hold a charge so I had to buy a new battery (£97)then there were lights lit up on the dashboard which turned out to be a fuel pump warning light so it is going to need a new fuel pump. Then I have a buzzing coming from under the bonnet which turned out to be a unit that controls the turbo, this will need replacing. The milage on the dash & the mot certificate reads 58,495 which is almost 10,000 miles more than the advert stated plus the van was delivered from Southampton & it still reads 58,459 miles which means the speedo is either broke or has been disconnected. I have phoned them to address these problems & was told that some one will ring me to answer my queries but that was Wednesday & as yet have not heard from them. Is there any way I can legally get a refund or at least the items repaired foc & some of my money back? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
So, in short, you have bought a vehicle which has faults?
Is your preference a refund or a repair?
Customer: replied 1 year ago.
It is suppose to have a 12 month warranty ( I`m not sure how this works because they did not give me any paperwork about the ins & outs of getting things repaired) Could I get a partial refund & the items repaired. If not then I would like a refund.
Expert:  Jo C. replied 1 year ago.
To be wholly honest, you are going to struggle to get a refund unless they offer nothing else. Case law has developed in such a way that cars need to be falling apart before a second hand car can be rejected.
The mileage issue is a misrepresentation. However, if it is only 10,000 miles then realistically that is not going to lead to the recession of the contract. You would just get the diminution value between the price it should have been worth and the price you paid.
You are entitled to repairs on the other faults. They should do that without question. If they do not then you can always pay privately and then sue them for the cost. In theory it triggers your rights to a refund if they refuse a repair but it is much safer to sue for the cost of repairs.
You can rely upon your contractual warranty but I wouldnt worry about it's terms because the SGA protects you anyway.
It is not likely to come to that anyway. You can always complain to Trading Standards.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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