Returning a vehicle within 30 days - Advice pls
Returning a vehicle within 30 days - Advice pls
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Discussion

PaulioNorth

Original Poster:

4 posts

15 months

Saturday 25th January 2025
quotequote all
Hi all,

I purchased an 11-year-old van (153k on the clock) for £4250 9 days ago at a small dealership and have just noticed two hand-sized puddles of oil on the tarmac under the vehicle. It appears to be coming from the top/rear of the engine block and dripping over the transmission. It looks like a serious repair job to me. There's also plenty of white smoke after startup (covers the car park), although this clears after about 30 secs and the coolant was low, it wasn't when I checked it on the forecourt. I've only driven it 104 miles, including 55 miles back home from the dealership.

I'll be getting a mobile mechanic to look at it asap next week with the intention of getting a report so I can return it and get a refund (30 day consumer rights etc).

My questions are:

Can I request the dealership to arrange collection? (it's hassle for me to get back 55miles and I'm worried about it breaking down).
What is the procedure for getting a refund? Surely they will want to inspect the vehicle and won't' just issue a refund on the day, so I must leave the van with them and walk away without any money for now? What about the log book, do I keep hold of it until the money is in my bank account?
What are my chances of a successful outcome for an older vehicle like this? They advertised it as "runs and drives perfectly" in their online advert. It clearly doesn't.

If anyone has any experience with this, I would appreciate some tips!

Trevor555

5,092 posts

108 months

Saturday 25th January 2025
quotequote all
You'll get conflicting advice on here, so I recommend you call citizens advice Monday morning.

Did you print the advert?

How did you pay the garage?

If you do decide to reject, you need to stop using the van.

If the garage push back, it may take an age to get your money back.

Citizens advice will give you a reference number.

Quote that reference number in emails to the garage.

That way they'll know you've taken advice.

Get a copy of what the mobile mechanic report says, but do not undertake any repairs without talking to your supplying dealer first.

Let us know how you get on.

PaulioNorth

Original Poster:

4 posts

15 months

Saturday 25th January 2025
quotequote all
Thank you.

Yes, I took a screenshot of their web page with the vehicle description, clearly showing "runs and drives perfectly".

I paid by bank transfer.

Got a feeling that if they put up resistance, it might be worth me paying for an AA inspection as that would probably hold more weight, esp if it went to court.

Muzzer79

12,698 posts

211 months

Saturday 25th January 2025
quotequote all
I’ll ask because it’s a van

Did you purchase it as an individual or through a business?

smokey mow

1,342 posts

224 months

Saturday 25th January 2025
quotequote all
Is the van a private purchase for a “hobby” or a business vehicle?

If the latter then the right to reject under the consumer rights act won’t apply to a business purchase.

Edit: beaten to it by Muzzer with the same question

PaulioNorth

Original Poster:

4 posts

15 months

Saturday 25th January 2025
quotequote all
I paid for it via my personal bank account and I work as a web designer, so it's not for business use.

ADJimbo

857 posts

210 months

Saturday 25th January 2025
quotequote all
PaulioNorth said:
I paid for it via my personal bank account and I work as a web designer, so it's not for business use.
Whose name is on the invoice though - persona; name or business name?

paul_c123

1,901 posts

17 months

Saturday 25th January 2025
quotequote all
In theory you are entitled but in practice its a 153k van. Say you got this one refunded and went shopping for another van, what if its worse? What if there are no suitable vans in your price range? etc

Also out of curiosity, when you say the rear of the engine, dripping over the transmission, is this an inline engine? In other words, a larger van such as Transit or Sprinter or some other RWD van?

PaulioNorth

Original Poster:

4 posts

15 months

Saturday 25th January 2025
quotequote all
Just my name on the documents. It's a Transit van. Thanks.

ADJimbo

857 posts

210 months

Saturday 25th January 2025
quotequote all
If the vehicle was purchased by yourself and not your business then you may have a claim under CRA(2015) as you’re well within thirty days.

Being pragmatic, and as already stated - are you happy with the purchase and just want the leaks fixed or are you seeking a refund straight off the bat? As pointed out, you’re buying at the bottom-end of the market age and mileage wise, so if you are successful in a refund attempt then you potentially might purchase a bigger problem-child of a van than the one you’ve got which could reasonably be fixed to your satisfaction?

Your first port of call needs to be a phone-call to the dealer you purchased the van from and explain the vans issues and your position. Be reasonable and see what they say and then go from there would be my advice in the first instance. You cannot predict what they may, or may not do until you’ve talked to them.

You need to stop using the vehicle immediately. I am however, slightly nervous of your mobile mechanic proposal for a report at this juncture..

It leaves yourself open to a counter-claim / gives them a defence that you’ve let someone else, other than them, tamper with the vehicle before they’ve had chance to inspect the vehicle themselves. Should the matter progress through litigation and into Court then you’ve given the dealer a potential defence of ‘his mobile mechanic sabotaged it / damaged it as he inspected the van before we were given the opportunity’. Another issue will be that your mobile mechanic may not hold the correct qualifications to act as an expert witness.

As I say, speak with the dealer and go from there.

Hope this helps shape your thinking.