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It quite possibly is easy to show that this vehicle was not of satisfactory quality. However you still have to show it
"reasonable" has a well defined legal meaning BTW with a lot of case law as well. Something is "reasonable" if that would be seen to be so by the ordinary person - not someone with specialist knowledge. The legendary "man on the clapham omnibus"
https://en.wikipedia.org/wiki/Man_on_the_Clapham_omnibus
Interesting points. So, yes. There is a distinction here perhaps between the customer having to prove that a fault was inherent at time of purchase, and actually demonstrating that there's a fault at all.
Hang on a minute - on practically every thread about returning stuff @Cougar has vigorously maintained that within the first 30 days/six months the onus is on the seller to prove any fault was NOT there. Are you saying that he is wrong and the onus is in fact on the buyer...???? Or is it different for vehicles...?
within the first 6 months its the responsibility of the seller to fix a fault or prove it was not there when they sold it.
Within the first 30 days the right to reject (which is in addition to the above) might (depending on how you read it) depend on the customer proving that the fault was/was not present when bought. Depends on who you google. I've sniffed at the legislation and can't see any difference in onus between the different time periods
Spoke to the dealer again this evening, they are recovering it Thursday. They agreed driving it back is a risk.
They want to repair and I am saying I want a refund, so we'll see what happens once they have diagnosed.
did you aske where the cross climates went?
Does the original ad state it has cross climates or can you see them in the photo?
If you can they've sold you a different product to what was advertised.
Anyone that changes tires and puts crap ones on instead is dodgy and I'd avoid as they've probably bodged other things. Plenty of other vans out there.
Just stay strong, tell them you want a refund. Know your rights and quote them. Also speak to your bank. See if they can give you advice.
Although I think you said you did a bacs transfer
Good luck
Hang on a minute – on practically every thread about returning stuff @Cougar has vigorously maintained that within the first 30 days/six months the onus is on the seller to prove any fault was NOT there.
Secondhand or new is the difference I think
New any fault in the first 6 months is assumed to be there at purchase. Secondhand the buyer needs to show the fault was there at purchase
Another phone call this morning with the owner, pretty terse.
They are collecting first thing Friday and hopefully that's the last I see of it.
I didn't bring up the tyres, I have screen shots of the eBay listing, but nothing that shows all 4 tyres. The text did not specifically mention them.
The puncture is slow, it's lost 2-3 psi in a day.
Last year I borrowed a mates T4 and had 3 weeks in Austria & Italy. I've been plotting a van purchase for months and had lots of plans for trips, all pretty unlikely now. Used vans are bloody minefield.
Used vans are bloody minefield.
A bit yes... but you can mitigate it by going to known good places, or at the very least places that will sort you out if it goes wrong.
I used Anchor vans in Newbury, as have a few mates. (in order to give full clarity, it's owned by my mate). They seem to be 100% focused on making sure the customer is happy with the van, i've seen them sorting issues that really were not their responsibility just to make sure customers were happy.
Thanks Weeksy, I have seen vans advertised by Anchor.
Used vans are bloody minefield.
Or buy the Multispace / Life / Tepee versions instead. Won't have been ragged senseless by khat chewing couriers, faster on dual carriageway and cheaper to insure.
Case in point - my mint condition Berlingo Multispace had a full set of new Continentals and a tube of Steradent and in the glove box.
Secondhand or new is the difference I think
New any fault in the first 6 months is assumed to be there at purchase. Secondhand the buyer needs to show the fault was there at purchase
My understanding - and please correct me if I'm wrong - is that when buying a used car from a dealer your rights are the same as when buying from new. To wit, CRA: satisfactory quality; as described; fit for purpose. The difference with a used vehicle is the interpretation of "satisfactory quality" - a satisfactory 1-year old car with 1000 miles on the clock would carry different expectations from a 20-year old banger that's been to the moon. In any case, I would expect/hope that any vehicle dropping to bits on the drive home from the dealer would fail this criterion.
If as suggested by someone earlier the various consumer advice sites can't agree on the details then we're probably heading into Test Case In Court territory.
The right one will come along just be patient and also look for ones that don’t come with a status symbol, you’ll get more for your money.
You’ve had a good outcome from the dealer.
Used vans are bloody minefield.
Prices are falling at last, I'm gonna sit tight and see how far they go.
I used Anchor vans in Newbury, as have a few mates. (in order to give full clarity, it’s owned by my mate). They seem to be 100% focused on making sure the customer is happy with the van, i’ve seen them sorting issues that really were not their responsibility just to make sure customers were happy.
I had a Caddy from Anchor vans. Was fine as vans go, only issue was it being on the same plates as another Caddy, which caused an interesting conversation when I got a parking fine in London whilst in Scotland. DVLA error apparently..
To be clear our Caddy was definitely legit and was duly inspected by VOSA.
Update, I have now been refunded. Thanks to everyone who contributed.
The issue was just the Alternator pulley, but I could not get the full service history, so it was not as described.
I need a vehicle asap and I'm going back to what I know and viewing Swift Sports again in the next few days. I may look at vans again in the future.
Don't get the Swift... have patience and get the van.. I have massive regrets for the number of years i've owned bloody cars... Vans are SOOOOOO much better for MTBers... Honestly... get the van.