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 Topic: Rejecting a new van- legal position
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22/4/2012 at 11:41am
Location: Keswick
Outfit: Bailey
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Good Morning,
You have indicated that the caravan is "new" which I take to mean brand new rather than new to you (secondhand). You have also indicated that you bought the van in March of this year and that it has a broken TV aerial, the Radio doesn't work, it has Cosmetic damage and a suspicion of damp. Just reciting the facts so that if I have misunderstood anything you can correct me. The following legal position applies to the facts of this case so it is important that I understand them correctly.
If the van is unfit for purpose, or has minor defects, then rejection is not necessarily the option available to you, in law. They may be able to undertake a repair without causing inconvenience, or taking too long, and if that is the case the Dealer could insist on providing that repair rather than accepting its rejection, and the return of your money. Note, I say if it is "unfit for purpose." I will come back to this point.
On a procedural point, it is helpful to your cause that, as you want them to do something, you have notified them within six months of the purchase of the van. The law assumes that defects which arise in the first six months after you bought the van were there when it was sold and so the Dealer is in breach of contract. The onus is on the Dealer to proove otherwise if it wants to avoid any liability. So, after inspecting the van if they try to allege that you caused the damage and refuse to do anything, they simply can't in law, unless they can proove that you damaged the aerial etc. It can be too easy to be misled by a dealer in this respect and then spend time trying to justify that you did not damage the parts.
Now, what you have done, so far, is to ask them to look at the van but I guess in your conversation you may have mentioned to them that you wanted them to effect the repairs. Once a consumer asks a seller to undertake the repairs then they are stuck with that option once the seller has put those repairs into action. Just think about what you actually asked them to do. If, once they have appraised the van, they tell you what is required then you need to consider how you are to respond if you want to keep open your option to reject the van (if you can in law)
If, at this stage, they are simply going to look at the van and let you have their view on the defects, then no repairs have been put into effect so your options remain open. Upon receipt of their views you need to ask them how long the repairs would take to be completed. If they give you a long timeframe then that could assist you in rejecting the van. If the timeframe is short but that will cause you inconvenience, then you may be able to reject the van. So, give them the opportunity to let them tell you how long it will take before you commit to anything. Before you meet with them think about what timeframe would "inconvenience" you and how you would be inconvenienced. It is important to have your arguments ready, and strategy planned out, if you want to keep open the option to reject. It is not as simple as saying "I want my money back" sticking to the letter of the law. You have to develop your case to meet the qualifications the law imposes upon you.
Now, from the list of defects you have provided, I have to say that it does not sound as though the van is unfit for purpose sufficient for you to reject the van. If it has damp then the position may be different depending upon the extent of the damp. If the draughts in the van are caused by the vents being open in these cold evenings then that would not be a ground to reject. The damaged aerial, radio and cosmetic issues don't sound like matters that should take too long to remedy, so I am not sure that you have grounds to reject in law. Mind you we don't know what conclusions the Dealer will reach, nor have I seen the van to form any proper judgement. Just making the point so that you appreciate where you may stand on rejecting the van.
The fact that you keep the van in Sidmouth when you live in the Midlands could suggest that you do not use it every month (as we do with ours). Thus, its lack of availability for a couple of months whilst being repaired may not be an inconvenience. You may have to take the van from Sidmouth up to the Dealers for repair which would be an inconvenience, but not an inconvenience referred to in the legislation. After all it was your choice to buy from a dealer 200 miles away and then park the van in Devon. The Dealer cannot be held liable for that decision. So, if the Dealer offers to repair provided that you take the van back, you cannot argue that that journey is an inconvenience such that, within the relevant consumer law, you want to reject the van and get your money back. You would need to come up with another argument.
If you had told the Dealer, when you bought the van, that you were buying it to leave it in Devon and that you wanted an assurance from the Dealer that it would travel to undertake any repairs, and now it wants the van back at its depot then you may have that "inconvenience" argument to justify rejection. Hope you can see why you need to think about the arguments you may want to run to reject the van and how the law operates in this respect.
Of course the Dealer could accept rejection and give you your money back disregarding the legal process set out in the relevant Regulations. That is the dealer's option. If the Dealer wishes to challenge any rejection on your part, then you have to play the game by the rules. Asking them to give you your money back and unable to quote a reason that stands up in law can be held against you if you then want to take the matter further. It is unhelpful to a consumer's cause if he changes his reasons for pursuing a particular cause of action.
By the same token saying you want to reject because it doesn't work having a van in Sidmouth is not a valid argument. Not saying that that is the case just using that as an example. If you get to litigation over the issue, and you did happen to say that, it would be used against you in court.
Anyway, you have some time to prepare before they visit your van...just don't leave it longer than six months from the date you bought the van.
As for the receipt, that has to show exactly what you paid for the van, less your part x. They may list the VAT as a separate figure, but the figures on that receipt have to be what you agreed.
Hope it all works out OK for you.
Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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