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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50464
Experience:  Qualified Solicitor
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Purchased a secondhand hgv truck 2/5/18 now found to have an

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Hello
Purchased a secondhand hgv truck 2/5/18 now found to have an adblue emulator fitted to it vehicle in Volvo garage needs to have emulator removed to comply this vosa law seller refusing to refund monies payed for vehicle or pay for repair
Please advise
Kind regards ***** *****

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you make the purchase?

Customer: replied 10 days ago.
2/5/18

I presume you made this purchase for business use?

Customer: replied 10 days ago.

thanks and were you told that it had such an emulator fitted or were you told that it did not?

Customer: replied 10 days ago.
was told it did not have one fitted because I asked

Ok thanks. Whilst business-to-business contracts are not subject to the Consumer Rights Act 2015, which provides private consumers with certain rights when buying from business sellers, there are still certain laws that apply to business contracts.

The main piece of legislation is the Sale of Goods Act 1979. It states that goods sold must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the goods do not meet the above criteria, the buyer is able to reject them within a reasonable time. This period is not defined in law and would depend on the specific circumstances, i.e. how long it would have been reasonable for someone using the goods in question to inspect them and determine their suitability or that they are free from defects. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

In your case you would be arguing that the vehicle was not as described and reject it on these grounds.

It is important to note that regardless of the above, a business-to-business contract can exclude the application of the Sale of Goods Act and the protection it offers. Therefore, if the sales agreement contained a specific clause which said that the Sale of Goods Act does not apply to the transaction, the buyer cannot rely on it and reject the item for any of the above reasons.

However, even if such an exclusion applied, you can still argue they had acted in breach of contract by not selling you what they had advertised or promised you.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have in the event you cannot get them to resolve this. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 2 other Law Specialists are ready to help you

Thank you. If you had to take it further legally you would be seeking compensation, such as to remove the device or get a replacement.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.