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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I viewed a listing on ebay used van which was

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i viewed a listing on ebay for a used van which was a classified advert which had no faults mentioned said the words "good runner". I bought the van from the registered dealer on the 29/03/2016 from his business address and there were no visible signs of any problems. i drove the van home and the next morning there was a oil leak on my drive. I called the dealer back to ask for a refund and he said thats not possible as the papers have gone off and that hes within his rights to repair first in any case. We agreed for him to collect the van at which point i still asked for a refund to which he flatly declined saying he has to be able to fix it first. Prior to it being picked up i ordered an independant mechanic to come to the van and visually inspect it only. he found oil leaking on to the exhaust saying it is a possible fire hazard and the steering wheel is loose and dangerous with other various faults. These couldnt have been caused by me in such a short period. the van is currently in his possesion, i still require a refund am i in my rights to do so. thank you
Hello my name is ***** ***** j will help you,
How did you pay for the van please? Alex
Customer: replied 2 years ago.
cash on collection
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
You have a right to refund under the Consumer Rights Act 2015
Can I clarify anything for you about this today please? Alex
Customer: replied 2 years ago.
he took the van back to repair, does this make a difference to my current situation legally?
If you have allowed a repair then you can't claim a refund, so if it has been repaired you can't return it as you have extinguished that right. If it's been returned and not yet repaired you can claim a refund. Does that clarify? Alex
Customer: replied 2 years ago.
thank you
Thanks. If I could ask you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you. Good luck with this. Alex
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