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Court hearing coming up soon, help is needed!

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sam.v

New member
What is the name of y
Hi there

I am very new to this forum and I hope I can get some advice before my court hearing.

Under the Consumer Rights Act 2015 goods supplied must be of satisfactory quality, be fit for purpose and match their description. I purchased a used van from a fleet management company via AutoTrader.co.uk and as soon as I drove the vehicle away from the seller, the engine management light came on. After informing the seller immediately, a mobile mechanic was sent to our site several times to rectify the issue (they offered 6 month warranty with the purchase) However only the management light was reset and the problem was not fixed.

As a result of poor communication and constant rejection of our calls, we decided to take the van for a full inspection by Mercedes Benz. The results were SHOCKING. The engine was not compatible with this model and the engine had previously been changed to an older model! There were major issues with this vehicle and as the engine has been changed, the mileage which is on the vehicle is not genuine, as it is from a 2009 model not 2012. Furthermore, from the report the serial number on the engine is different from the one on the logbook. Moreover, there was no indication of the engine being changed on this vehicle at the time of the purchase which is breach of The Sales of Goods Act 1979. According to the Mercedes Report, the engine installed comes from a previous model Sprinter minibus and it is not compatible with 2012 series which has caused a severe oil leakage.

The defendant has claimed that the van was sold to my company not to myself as a private owner hence I have no right to claim a refund for the faulty van sold to me. The ownership was requested to be transferred to me at the time of purchase, but the funds were transferred from my company’s account for tax purposes. The V5C was issued on my name and was not sold to my company. Hence I am the register keeper and owner of the vehicle. I have copy of the email we exchanged confirming this. I have attached the defendant's defence statement

[Link removed]

I have the court hearing at the end of the month and the seller has appointed a solicitor to attend the hearing. Your legal advice is much appreciated
 


Zigner

Senior Member, Non-Attorney
What is the name of y
Hi there

I am very new to this forum and I hope I can get some advice before my court hearing.

Under the Consumer Rights Act 2015 goods supplied must be of satisfactory quality, be fit for purpose and match their description. I purchased a used van from a fleet management company via AutoTrader.co.uk and as soon as I drove the vehicle away from the seller, the engine management light came on. After informing the seller immediately, a mobile mechanic was sent to our site several times to rectify the issue (they offered 6 month warranty with the purchase) However only the management light was reset and the problem was not fixed.

As a result of poor communication and constant rejection of our calls, we decided to take the van for a full inspection by Mercedes Benz. The results were SHOCKING. The engine was not compatible with this model and the engine had previously been changed to an older model! There were major issues with this vehicle and as the engine has been changed, the mileage which is on the vehicle is not genuine, as it is from a 2009 model not 2012. Furthermore, from the report the serial number on the engine is different from the one on the logbook. Moreover, there was no indication of the engine being changed on this vehicle at the time of the purchase which is breach of The Sales of Goods Act 1979. According to the Mercedes Report, the engine installed comes from a previous model Sprinter minibus and it is not compatible with 2012 series which has caused a severe oil leakage.

The defendant has claimed that the van was sold to my company not to myself as a private owner hence I have no right to claim a refund for the faulty van sold to me. The ownership was requested to be transferred to me at the time of purchase, but the funds were transferred from my company’s account for tax purposes. The V5C was issued on my name and was not sold to my company. Hence I am the register keeper and owner of the vehicle. I have copy of the email we exchanged confirming this. I have attached the defendant's defence statement

<link removed>

I have the court hearing at the end of the month and the seller has appointed a solicitor to attend the hearing. Your legal advice is much appreciated
Sorry - this forum is for US law matters only.

(I reported your post due to the link you posted)
 

adjusterjack

Senior Member
I have the court hearing at the end of the month and the seller has appointed a solicitor to attend the hearing. Your legal advice is much appreciated
Get your own solicitor. Even in the UK, going up against a lawyer without one of your own is foolish.
 

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