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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71054
Experience:  Over 5 years in practice
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Hi there i bought a van off a bloke for £850 then 2 days later

Customer Question

Hi there i bought a van off a bloke for £850 then 2 days later it cut out whilst i was driving on the motorway and scared the life out of me, on the 3rd day it wudnt start so a breakdown truck took it to a garage and the fuel pump is broke which will cost £1000 to replace! Since contacting the bloke who i brought it off he admitted it used to cut out on him which he failed to tell me b4 i bought it! He is refusing to take the van bak and give me a refund so i had a breakdown truck return it to his address and gave him the keys back! 5 days later hes still refusing to pay my money back! Where do i stand and what should i do? Thanks in advance
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
If this is a private sale then I am afraid the Sale of Goods Act does not apply so you do not have rights necessarily to demand that he does anything at all.
if he said anything untrue or misleading at the time of sale then you may have a claim in misrepresentation. Mere silence is not sufficient though.
The only other option would be if the vehicle actually amounts to an unroadworthy vehicle. That is a high test and is not made out on the basis of what you have said above alone. If it is though you could complain to the council as a sale of an unroadworthy vehicle is unlawful.
Can I clarify anything for you?
Customer: replied 3 years ago.
What should my next move be? Should i take put a county court judgement against him? If so how long will it take to arrive in the post?
Expert:  Jo C. replied 3 years ago.
Well, no because you would lose unless you can bring it within misrepresentation.
Customer: replied 3 years ago.
What would you do if you were in my shoes now then?any idvice would be much appreciated
Expert:  Jo C. replied 3 years ago.
It depends whether you can argue misrepresentation. Obviously I will not know what was said at the time of sale.
If there isn't a misrepresentation argument then Im afraid there isn't a claim.
If there is then it is a small claims court claim and it probably is worth trying.