Mis-sold Van - want to return?
Discussion
Not very PH guys so my apologies...
Bought a Vauxhall Vivaro van back in November from a van dealer. Wasn't advertised on their website as it was fresh in, but guy told me it was 2 owner, 100bhp and had FSH.
Despite realising since they have proper had my pants down, I knowingly paid strong money for the thing (being a 2004 low miles) expecting it to be bang on and hence worth the extra.
Since day 1 i've had issues, bulbs out, an interior panel hanging off, interior lights not working etc etc - I did view it prior to prep so assumed all this would be sorted and obviously didn't check it over thoroughly enough on collection day. Also realised on day1 of owning that the service history was missing. Text the guy same day and he said he'd look for it, so I have some admissions of it supposedly having this history.
Fast forward a few months and I have had various issues & faults with the van, some from day 1/some not. I've repeatedly chased up the service history, tried mapping the thing (the place I got it from suggested I could do this to solve the bhp issue when I told them about it) but that highligted another issue so have taken the map off. I guess my intentions were to get it sorted out then go back and ask for a contribution/payment towards putting things right. I also still don't have any service history for the van.
I sent a formal letter mid March listing all faults and about the missing history asking what they were prepared to do, had no reply. I paid deposit on credit card so have also written to bank with the section 75 of the consumer credit act letter (jointly & severally liable for the purchase). They haven't replied yet but deadline I gave them isn't up yet.
I spoke to Citizen Advice yesterday and they said I should send an ADR letter (notice before court processings) to the dealer as the courts expect that has been offered before any court action. I don't know if i should do this before bank has had time to reply?
I know I forfeited my right to Short Term Right to Reject by not doing anything in the first 30 days of ownership, although I have a clear audit trail showing I have been chasing stuff up with limited response since date of purchase. I stepped up my actions before 6 month is up, which I am now over, but Citizens Advice say it's OK as i can show I have been doing stuff.
Ultimately, I bought the van as 100bhp/FSH which it isn't. I have given time for them to get the service history and they haven't (and won't be able to). I think I have enough evidence to show I have chased/been fobbed off etc over a period of weeks/months, and as we stand the van is quite simply not as it was sold, and I now really want to send the thing back.
Hindsight is a wonderful thing but I am where I am. What's peoples view? Should I be sending an Alternative Dispute Resolution (ADR) letter now to the Dealer? Or should I wait for my credit card provider to reply (or not!).
Any opinions/advice etc gladly received
Bought a Vauxhall Vivaro van back in November from a van dealer. Wasn't advertised on their website as it was fresh in, but guy told me it was 2 owner, 100bhp and had FSH.
Despite realising since they have proper had my pants down, I knowingly paid strong money for the thing (being a 2004 low miles) expecting it to be bang on and hence worth the extra.
Since day 1 i've had issues, bulbs out, an interior panel hanging off, interior lights not working etc etc - I did view it prior to prep so assumed all this would be sorted and obviously didn't check it over thoroughly enough on collection day. Also realised on day1 of owning that the service history was missing. Text the guy same day and he said he'd look for it, so I have some admissions of it supposedly having this history.
Fast forward a few months and I have had various issues & faults with the van, some from day 1/some not. I've repeatedly chased up the service history, tried mapping the thing (the place I got it from suggested I could do this to solve the bhp issue when I told them about it) but that highligted another issue so have taken the map off. I guess my intentions were to get it sorted out then go back and ask for a contribution/payment towards putting things right. I also still don't have any service history for the van.
I sent a formal letter mid March listing all faults and about the missing history asking what they were prepared to do, had no reply. I paid deposit on credit card so have also written to bank with the section 75 of the consumer credit act letter (jointly & severally liable for the purchase). They haven't replied yet but deadline I gave them isn't up yet.
I spoke to Citizen Advice yesterday and they said I should send an ADR letter (notice before court processings) to the dealer as the courts expect that has been offered before any court action. I don't know if i should do this before bank has had time to reply?
I know I forfeited my right to Short Term Right to Reject by not doing anything in the first 30 days of ownership, although I have a clear audit trail showing I have been chasing stuff up with limited response since date of purchase. I stepped up my actions before 6 month is up, which I am now over, but Citizens Advice say it's OK as i can show I have been doing stuff.
Ultimately, I bought the van as 100bhp/FSH which it isn't. I have given time for them to get the service history and they haven't (and won't be able to). I think I have enough evidence to show I have chased/been fobbed off etc over a period of weeks/months, and as we stand the van is quite simply not as it was sold, and I now really want to send the thing back.
Hindsight is a wonderful thing but I am where I am. What's peoples view? Should I be sending an Alternative Dispute Resolution (ADR) letter now to the Dealer? Or should I wait for my credit card provider to reply (or not!).
Any opinions/advice etc gladly received
t400ble said:
Move on
Service history - i'd have wanted to have seen prior
Bulbs out and loose trim? Its a 14 year old van!
This.Service history - i'd have wanted to have seen prior
Bulbs out and loose trim? Its a 14 year old van!
Sorry, but I don't think you've a leg to stand on, although I appreciate the service history issue is annoying.
If it drives OK in other respects keep it and forget about it, just make sure next time you see the S/H before purchase.
Um, do I have less rights because it's a 14 year old van?
It has a number of faults, and was sold as a 100bhp model with FSH. The vehicle I have is 80bhp and has no service history.
How can I not have a leg to stand on? I appreciate in the scheme of PH this is a lowly vehicle, but I borrowed some money to buy it at a top price and as it is it's worth considerably less.
If the spec was as described, documentation present and minus the faults, it would be worth nearer to what I borrowed and I could probably just move on, as suggested.
It has a number of faults, and was sold as a 100bhp model with FSH. The vehicle I have is 80bhp and has no service history.
How can I not have a leg to stand on? I appreciate in the scheme of PH this is a lowly vehicle, but I borrowed some money to buy it at a top price and as it is it's worth considerably less.
If the spec was as described, documentation present and minus the faults, it would be worth nearer to what I borrowed and I could probably just move on, as suggested.
Baldy881 said:
Um, do I have less rights because it's a 14 year old van?
It has a number of faults, and was sold as a 100bhp model with FSH. The vehicle I have is 80bhp and has no service history.
How can I not have a leg to stand on? I appreciate in the scheme of PH this is a lowly vehicle, but I borrowed some money to buy it at a top price and as it is it's worth considerably less.
If the spec was as described, documentation present and minus the faults, it would be worth nearer to what I borrowed and I could probably just move on, as suggested.
You bought it in November, it’s now April. Why has it taken so long to identify such basic issues?It has a number of faults, and was sold as a 100bhp model with FSH. The vehicle I have is 80bhp and has no service history.
How can I not have a leg to stand on? I appreciate in the scheme of PH this is a lowly vehicle, but I borrowed some money to buy it at a top price and as it is it's worth considerably less.
If the spec was as described, documentation present and minus the faults, it would be worth nearer to what I borrowed and I could probably just move on, as suggested.
George Smiley said:
If it isn't as described you may have somewhere to go, but as you say it wasn't advertised.
Going through a similar but different situation. Look for my thread in here you might get some answers
I've read your post George. More at stake with your motor and best of luck resolving things! Going through a similar but different situation. Look for my thread in here you might get some answers
Gavia said:
You bought it in November, it’s now April. Why has it taken so long to identify such basic issues?
I have detailed notes of communications over the last 6 months chasing things numerous times, ultimately over the last couple they've started to ignore my messages hence the tougher action/formal letter as the important 6 months approached. I did suggest I could have acted sooner but I didn't, I was giving them a chance to rectify.You can't just return it.
What evidence do you have regarding it being a 100bhp with history or was this just verbal?
Presumably you are still using it?
If so, you shouldn't be if you are rejecting it.
Dealer is quite able to charge per mile for useage up to this point.
I think you will find that quite expensive to reject.
Dealer obviously did not have history to hand if it had just arrived, more than likely the previous owner said upon change over/handover of his new vehicle 'yeah I have the service history at home, but I have forgot to bring it with me, I will drop it in'
Guess what?, It rarely happens, same with stuff missing like parcel shelves(where the f
k do these things all end up?)
There is either no history or the previous owner,despite promises to drop it in probably no longer gives a st and hasn't bothered/can't be arsed(delete as appropriate)
Loose trim?, It's an old van, don't think you will have any grounds based on a bit of loose trim or a bulb defect.
What evidence do you have regarding it being a 100bhp with history or was this just verbal?
Presumably you are still using it?
If so, you shouldn't be if you are rejecting it.
Dealer is quite able to charge per mile for useage up to this point.
I think you will find that quite expensive to reject.
Dealer obviously did not have history to hand if it had just arrived, more than likely the previous owner said upon change over/handover of his new vehicle 'yeah I have the service history at home, but I have forgot to bring it with me, I will drop it in'
Guess what?, It rarely happens, same with stuff missing like parcel shelves(where the f
k do these things all end up?)There is either no history or the previous owner,despite promises to drop it in probably no longer gives a s
t and hasn't bothered/can't be arsed(delete as appropriate)Loose trim?, It's an old van, don't think you will have any grounds based on a bit of loose trim or a bulb defect.
Willy Nilly said:
You have you use some common sense, don't you? Lowest risk is new, but they're expensive. At 14 years old this van is one big (or not that big) fault away from being scrapped.
Of course, but sometimes one can only buy what one can afford at the time. Not that I think that means you should accept being fobbed off and told something is 'this' , when it clearly isn't... Private you pays yer money and take yer chance, but surely there should be recourse on a dealer doing the same?
Mexman said:
You can't just return it.
What evidence do you have regarding it being a 100bhp with history or was this just verbal?
Presumably you are still using it?
Verbal, but not denied on the physical evidence I have when I put it to them that they sold me it as that, or the letter where I again stated that's how it was sold to me and to which they didn't even bother replying! Guilty by omission? What evidence do you have regarding it being a 100bhp with history or was this just verbal?
Presumably you are still using it?
And yes, to get to work unfortunately I have to use it.
Edited by Baldy881 on Tuesday 10th April 18:55
You do have a certain amount of recourse from a dealer, but you have gone around it all wrong.
You even admit to modifying it with a chip, and then demodyfying it.
You should have stopped using it and returned it long before now.
It is obviously fit for purpose as you have been using it for 6 months.
Returning it now?, ..not going to happen I don't think.
You even admit to modifying it with a chip, and then demodyfying it.
You should have stopped using it and returned it long before now.
It is obviously fit for purpose as you have been using it for 6 months.
Returning it now?, ..not going to happen I don't think.
sounds like you bought it as a business not a private sale. ie its a commercial van not a car.
Thus have little recourse.
How old? 14 years? its going to be a pile of ste no matter what you paid for it. If its still working then that's a bonus.
Thus have little recourse.
How old? 14 years? its going to be a pile of s
te no matter what you paid for it. If its still working then that's a bonus.Edited by superlightr on Tuesday 10th April 19:07
timrud said:
Regarding the model (you say its 80bhp, but advertised as 100bhp), is the power output on the V5 (or its specific model), or could it be verified from the VIN before purchase?
I've found the best way of verifying this is to look up the emissions figure on the DVLA website (assuming you know the registration mark). Not much help for older vehicles before such information was of any interest!Maybe the OP has had a cunning plan for some low-cost van hire
Edited by anonymous-user on Tuesday 10th April 19:51
Baldy881 said:
It has a number of faults, and was sold as a 100bhp model with FSH. The vehicle I have is 80bhp and has no service history.
You never mentioned 80bhp in your OP.You just said "It's supposed to be 100bhp and it isn't"
If you feel that strongly about it, why not arrange a friendly meeting with the dealer, and see if he would be prepared to offer you a couple of hundred quid to cover any losses you might incur when you come to sell it because of lack of service history.
I would guess most people would not be too bothered about that with a fourteen year old van, if it was four years of maybe.
How much did you pay for it? It can't have been that much.
TooMany2cvs said:
Business purchase, 14yo van, 6mo ownership, modifications and repairs by you rather than letting the supplier sort...
Not. A. Hope.
Flog it and buy again, this time doing the research pre-purchase.
Not a business purchase. Modifications as suggested by the bloke who sold me the van. Again, documented in communications between us. Although in hindsight I should have told them to collect it from me, get it mapped, and then return it to me. But I didn't. Not. A. Hope.
Flog it and buy again, this time doing the research pre-purchase.
Ps gearbox is f
ked, so flogging it (unless I want to accept 50p) not an option. Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff