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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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Bought a van , Citroen Relay 2007 , approx 4 months ago from

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Bought a van , Citroen Relay 2007 , approx 4 months ago from a dealer for 5000 pounds, I paid cash. It has been trouble all the time with constant breakdowns and independent garage repairs plus it has been returned on a trailer from garage I bought from. I have spent out approx 500 to 600 pounds in servicing and replacement bits and now broke down again with an electrical fault plus an engineer has noticed an oil leak and a water leak , both will need action on. I have asked the garage for a refund but they have what. PS I am disabled and in a wheel chair as legs amputated, my wife drives
What would you like to know about this please?
Customer: replied 2 years ago.
Please give advice for small claims court and for recovery of funds paid. Also loss of business as van breaks down all the time
When did you buy?
Customer: replied 2 years ago.
May 2015 from a dealer in Devon
How many times has it been in with the same fault?
Customer: replied 2 years ago.
It has been back to dealer once , it has broken down on highway on 3 occasions with my wife of 62 out on her own. The AA has been called out on 2 occasions and partially fixed . It has been to x2 independent garages who supposed to have diagnosed and fixed fault ( an electrical / diesal problem ) I had to pay over 300 pounds for this but still broke down
Customer: replied 2 years ago.
I have receipts for most of monies paid out
Thank you.
Clearly this is their call has faults. This was a dealer sale and so the sale of goods that will apply. That will demand that this vehicle be fit for purpose.
Given that this is a fairly recent sale and it was not for a rock bottom price, it should be fairly easy to establish that this is not fit for purpose.
The difficulty here is which remedy is appropriate. It is very difficult to reject second-hand goods under the sale of goods that. You have to show that the vehicle is pretty much falling apart before you get over that hurdle and this would not realistically comply I'm afraid.
You do still have a claim for either a repair or in exchange unless the seller can show that one or the other is disproportionately expensive for him and then he must offer the other.
In this case, he is likely to offer a repair which is an acceptable remedy to comply with his legal duties.
You do you only have to give him a reasonable period of time to conduct any repair. The case law has developed in such a way that it suggests that a seller is entitled to 3 attempts at repair. If they fail for any reason then the buyers rights to a refund are triggered again.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks for your help.......will rank you as required
No problem and all the best.

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