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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48200
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently purchased a van ,which was advertised with

Customer Question

I have recently purchased a van ,which was advertised with 36000 miles on the clock.
In the advert it stated that the vehicle was cat D and that there was no warranty with the
van.
On the day of purchase ,I had only travelled 20 miles and the service light came on.
The following day I had trouble engaging gears.
A couple of days later the van broke down and I had to call the AA.
The van has been in the garage a week now a the guy there said it has endless problems.
The bill to date is £550.00 & there is another £1200 pound of work to do.
How do I stand. Ive owned the van 2 weeks
regards Graham
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Did you buy the van from a dealer?
Customer: replied 1 year ago.
Yes I bought the van from a dealer, which was advertised on ebay
Expert:  Ben Jones replied 1 year ago.
Did you buy it as a private buyer or were you acting as a business?
Customer: replied 1 year ago.
I bought the van for myself but I am a sole trader ( electrician ) and the van is for work
Expert:  Ben Jones replied 1 year ago.
The main issue here is that you appear to have bought the van as a business buyer because it was bought for work. Therefore, even if you had bought it personally, the reality is that it is likely it will be deemed it was bought as a business and that will affect your rights. As a business buyer you will not have as many rights as a private buyer. A private buyer would have been able to rely on legislation such as the Sale of Goods Act or the Consumer Rights Act which require an item sold by a business seller to be as described, of satisfactory quality and fit for purpose. However, if you were not a private buyer all you can rely on is a warranty given by the seller, or if you can show that they had misdescribed the car. A warranty is given entirely at the seller’s discretion so if they did not offer one you cannot rely on it. Whether the van was not as described will depend on what was said in the advert or any discussions prior to the sale taking place. If the car was only described as a Cat D but no description as to its quality or state was given it will be very difficult to argue that it was misdescribed. On the other hand, if they had told you that it was in excellent condition, with no mechanical faults, etc you could certainly try and challenge it as being misdescribed, which would be your only way of taking the matter further. This is your basic legal position. I have more detailed advice for you in terms of steps you could take to try and put some pressure on them, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
One thing I forgot to mention is that the van has not got the original engine . It was advertised as a 2.0 ltr , but my mechanic
said is on a 1.9 . This is also not been changed on the documentation.
Expert:  Ben Jones replied 1 year ago.
Were you told that the engine had been changed at some point? Also are any of the issues related to the engine?
Customer: replied 1 year ago.
No at no point was I told . the advert says 36000 , low mileage ,with a different engine it may have done a lot higher
Customer: replied 1 year ago.
all the issues are related to the engine
Expert:  Ben Jones replied 1 year ago.
ok so this is exactly what you are looking fr - wrong details or no mention of important details which would make the car not what was advertised. I suggest you contact the dealer and make it clear that the car you bought was not as advertised and it was misadvertised, so a likely breach of contract on their part. You could then treat the value of it as a debt. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Many thanks Ben,
keep up the good work
kind regards Graham
Expert:  Ben Jones replied 1 year ago.
You are welcome, best of luck!