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MARTINT330
MARTINT330,
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On 21/5/22 I bought a Ford transit camper van from CJT

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Hi. On 21/5/22 I bought a Ford transit camper van from CJT Camper & Conversions Ltd for £10,995. I have three months warranty on it. Two weeks ago I heard a grating sound from the passenger side front wheel so today I had it examined by mechanics from my local garage Knaresborough Tyre Services Ltd. They have told me that the underside of the vehicle is rotten, badly corroded and should not have been sold to me with a 12 month MOT certificate. They said to repair it would need welding and could cost thousands of pounds. The Knaresborough Tyre Services mechanic also told me that I was entitled to a refund because the vehicle is seriously faulty.
I have just contacted CJT Campers & Conversions Ltd to explain the problem and they have refused to give me a refund, denying the vehicle had any corrosion and have said they will examine the vehicle for me. I no longer trust them to do that and would like your advice as to what I should do next please.I look forward to hearing from you, Wynn James
JA: What location is this in? And just to clarify, when was the purchase made?
Customer: Knaresborough North Yorkshire. Purchase was made on 21/05/22.
JA: Have you contacted the seller or manufacturer?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don’t think so
Submitted: 8 days ago.
Category: Law
Expert:  MARTINT330 replied 8 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 8 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

MARTINT330 and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Nothing else to say at present just wait to hear from you as to what I do next
Expert:  MARTINT330 replied 8 days ago.

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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 vehicle does not meet any the above requirements, the buyer will have certain legal remedies against the seller. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the vehicle does not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the vehicle and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the vehicle can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the vehicle, they can ask for a price reduction, based on what is wrong with it. That is something to be negotiated with the seller.

In the event that a refund is issued, the seller is legally able to deduct an amount to reflect the usage costs incurred whilst the vehicle was in the buyer’s possession, such as the extra mileage on the car. Any amount deducted for that must be reasonable and fair.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the vehicle, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

Expert:  MARTINT330 replied 8 days ago.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.gov.uk/make-money-claim

Expert:  MARTINT330 replied 8 days ago.

Is there anything else I can help with today?