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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I purchased a van just before Xmas and n have not travelled

Resolved Question:

I purchased a van just before Xmas and n have not travelled more than one mile in it. There is serious mechanical problems with it . I would like to know what my rights are as it was from a private sale.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
How was the Van described in the advert that led you to purchase it?
Did you have the chance to inspect/ test drive the van before purchase?
Customer: replied 1 year ago.
The van was described with a fault with sixth gear but had new clutch .i took it for a test drive and accepted the gear problem. The other problems arose when it was in garage and mechanic looked at putting new gearbox in it ..it was transported by trailer to garage to avoid taxing and insuring before new year.
Expert:  Jenny replied 1 year ago.
What is the nature of the problem that has now occurred? Did the description say anything else about the roadworthiness or otherwise of the Van? What was the cost of the van and what is the cost of the repair?
Customer: replied 1 year ago.
There is a head gasket problem a wheel bearing and a power steering pump that needs replacing.
Expert:  Jenny replied 1 year ago.
Ok did the advert say anything else other than the clutch, did you ask about any other faults?
Customer: replied 1 year ago.
Yes he said van was in good condition.
Customer: replied 1 year ago.
The cost of repair is more than I paid for the van
Expert:  Jenny replied 1 year ago.
Ok thanks. In a private sale you do not receive protection under the Sale of Goods Act but the vehicle must be as described and not dangerous. As he has told you that the van was in good condition and this is not correct then the vehicle is not as described. You should return the Van to him and ask for a refund. If he refuses to refund you will have to take him to court to recover your loss. Is there anything else you would like to know about this?
Customer: replied 1 year ago.
Does that mean small claims court ? Have I got a case to do this ?
Expert:  Jenny replied 1 year ago.
Yes on the basis the van is not as described. If he has told you that the Van is of good condition except for the clutch when there are the problems you have listed above it is clearly not of good condition. He is therefore in breach of contract and you have a claim. You will need to send him a letter threatening court action if he will not refund the cost of the vehicle before lodging the claim. If you have any further questions please do ask otherwise I would be grateful if you would take the time to rate my answer as I am not otherwise paid for the time I have spend working on your question. Thank you and all the best.
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