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what constitutes a seriously defective car?


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i have bought this van 2 months ago. i have managed to do 2000 miles in it, but its all been under 40 mph because the van vibrates badly over this speed.

 

i have been in and out of garages trying to fix it since i bought it. i have paid the dealer that i bought it from an extra 170.00 to fix it but its made no difference.

 

i wasnt told of any defects and the dealer drove it for me at under 40mph before i bought it.

the dealer probably didnt know of the fault when he sold it to me, but after he sold the van to me another of his customers who borrowed this van before the sale reported this bad vibration to him.

 

so is my limitation to 40mph a serious defect? and could i get a refund?

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I would say the vehicle is not fit for purpose but if i was asked to pass judgement on the matter i would be very concerned about the 2 months and 2000 miles you have driven the van , why did you not return it in the 21 day cooling off period .

 

I only ask so you can be prepare an answer in case you are asked later .

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Unless you are trade and you bought it via a trade sale, then it has no meaning. The same goes for 'sold as seen', it has no basis in law.

 

i am just an ordinary private customer purchasing for private use, and the van was acquired by the dealer in partexchange when a new van was bought by someone else

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I would say the vehicle is not fit for purpose but if i was asked to pass judgement on the matter i would be very concerned about the 2 months and 2000 miles you have driven the van , why did you not return it in the 21 day cooling off period .

 

I only ask so you can be prepare an answer in case you are asked later .

 

i havent returned it because i like the van and i would rather have it repaired than get a refund, which is why i paid an extra 170.00 to fix it. but the repair i paid for made no difference and i still cant get over 40mph without the bad vibration. now its getting really frustrating so i want a refund

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Have you taken it to another garage to their view as to whats wrong. Also you should get £170 back as you paid for work that was specific to cure a problem and it did not! It may be simple, engine mountings, prop shaft bearings? Wheel balance! The dealer should fix if doesnot then ask for money back. Put it all in writing in case you need to go to court.

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other garages have seen it and none know what the problem is. and it seems the dealer i bought it from doesnt know either. the dealer says he checked the engine mountings, wheel balance when i paid the extra

 

he wants me to pay more to check the prop shaft bearings and this much more cash doesnt promise a cure

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  • 3 weeks later...

they said they will fix it for free or give me a refund. :)

 

i have 1 more question:

if it can be proven that the van i bought has a serious defect, and the defect has been there since the van was manufactured (in 2001), is that grounds to go back to the manufacturer and claim a brand new 2009 van? the van is a ex post office van, and i would be the 3rd owner.

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  • 3 weeks later...

Now your in the realms of fantisy! Regs regarding van sales are very different from car sales for personal use. I take it there was a VAT element in what you paid?

 

SOGA is an unusual thing and the fact you paid for repairs perhaps you have negated it??

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