Quick legal question

[Mofty in Meysey]

just curious of any legal options i may have.

I bought our Cali second had from an owner who advertised it as 4WD... he even confirmed it was 4WD verbally when we picked it up - we discovered soon after that it was not 4WD. I was a little disappointed and we have grown to really appreciate the van even with 2WD. However I'm curious if i have a claim to make against the seller. Any thoughts??
Van was purchased back in October.

Happy Christmas everyone and thanks in advance.

 

[daveyboydanger]

just curious of any legal options i may have.

I bought our Cali second had from an owner who advertised it as 4WD... he even confirmed it was 4WD verbally when we picked it up - we discovered soon after that it was not 4WD. I was a little disappointed and we have grown to really appreciate the van even with 2WD. However I'm curious if i have a claim to make against the seller. Any thoughts??
Van was purchased back in October.

Happy Christmas everyone and thanks in advance.

That’s awful!
Have you got a copy/screenshot of the advert?

 

[calikev]

Did you buy it privately?

 

[Mofty in Meysey]

That’s awful!
Have you got a copy/screenshot of the advert?

yes - somewhere i have something i think i have a print of the advert.

 

[Mofty in Meysey]

Did you buy it privately?

Yes.

yes - somewhere i have something i think i have a print of the advert.

 

[Jabberwocky]

I'm sure you will get a proper legal view on here but I would have thought that if you can prove that the seller advertised the vehicle as a 4WD you would have some redress under the Consumers Protection Act via the Small Claims Court by making a "Court Claim" for at least the difference in price between a 2WD v a 4WD. You may be even entitled to your money back.

Your rights maybe dependant on how long ago you bought the vehicle.

All the best for a satisfactory outcome.

 

[calikev]

I’m sure if you bought it privately you won’t have a lot of comeback I’m afraid
At least you are enjoying your van.

 

[Ady77]

Hi Martin, sorry to hear about this, where was it advertised?

 

[B J G]

Have a read here as it may help.

https://www.lawontheweb.co.uk/personal/buying-a-car

https://www.lawontheweb.co.uk/personal/selling-a-car

 

[Mofty in Meysey]

To be honest. we love the van - it was the right price and a good well maintained vehicle. The seller wasn't so on top of things with not sending on the V5 and there were keys missing too. I'm not looking to get money back for the Van and I'm not up for taking to court for the sake of it. its just that sometimes I get a little angered with the thought of it not being 4WD and i thought it would be. I'm also a little angered by the misleading and dishonesty with the advert.

 

[Seaview]

To be honest. we love the van - it was the right price and a good well maintained vehicle. The seller wasn't so on top of things with not sending on the V5 and there were keys missing too. I'm not looking to get money back for the Van and I'm not up for taking to court for the sake of it. its just that sometimes I get a little angered with the thought of it not being 4WD and i thought it would be. I'm also a little angered by the misleading and dishonesty with the advert.

Have you told the seller they got it wrong and if so what was their reaction?

 

[B J G]

To be honest. we love the van - it was the right price and a good well maintained vehicle. The seller wasn't so on top of things with not sending on the V5 and there were keys missing too. I'm not looking to get money back for the Van and I'm not up for taking to court for the sake of it. its just that sometimes I get a little angered with the thought of it not being 4WD and i thought it would be. I'm also a little angered by the misleading and dishonesty with the advert.

I'd contact the Seller pointing out his 'error' and suggest a goodwill financial repayment to you is in order, you can decide on the level.

A bit of diplomacy would probably work wonders unless it was a true deception. You'd know for sure and put it behind you either way. good luck.

 

[5i1ver8ack]

Litigation should only be considered as a last resort. Every effort to reach an amicable settlement should be pursued in the first instance. The legal system likes to see serious attempts at settlement.

 

[Annik]

I would personally want some form of compensation from the seller, its not like its a minor thing like an electic sliding door or different audion system, this is a major part of the spec. Where did you buy it from ? Auto trade? Ebay?

 

[Meoncoast]

And lets face it the price you paid I would expect was for a 4 motion

 

[Digger]

When did you first become aware of the vehicle being 2WD? I think that you have to take action as soon as you become aware or notify the seller. Any delay will make any action much more difficult, especially if you continue to use the vehicle. A court would look as continued use as acceptance I think. Maybe you should have had a mechanic inspect the vehicle prior to purchase as 4WD is obvious when you look underneath. Hope it does not spoil your enjoyment and future adventures.

 

[Ben Nevis]

I'd contact the Seller pointing out his 'error' and suggest a goodwill financial repayment to you is in order, you can decide on the level.

A bit of diplomacy would probably work wonders unless it was a true deception. You'd know for sure and put it behind you either way. good luck.

+1 and testing new avatar!

 

[Amarillo]

I recall some time ago being confused reading a thread on this forum. Someone was using the acronym FWD referring to front wheel drive, not four wheel drive.

It took me several re-reads of the thread to understand my confusion.

Could this be a similar case - simple confusion over terms?


Follow my blog: www.au-revoir.eu

 

[sidepod]

The seller wasn't so on top of things with not sending on the V5 and there were keys missing too

Had to read this twice. You drove away without a V5 and two sets of keys?

Wow!

 

[Jay20cali]

Had to read this twice. You drove away without a V5 and two sets of keys?

Wow!

Or a hpi check!!!
It could have log book loans finance on it
Wow hope u sort it...
Not a good start

 

[Jay586]

Had to read this twice. You drove away without a V5 and two sets of keys?

Wow!

Do the V5 online, it's instant.

 

[Adamvanman]

Had to read this twice. You drove away without a V5 and two sets of keys?

Wow!

Shocked by this, I even did an HPI check on my daughters £2k Corsa, speechless that anyone could buy a Cali without an HPI check

 

[sidepod]

.....or check to see how many wheels are driven!

 

[shudycamps]

To be honest. we love the van - it was the right price and a good well maintained vehicle. The seller wasn't so on top of things with not sending on the V5 and there were keys missing too. I'm not looking to get money back for the Van and I'm not up for taking to court for the sake of it. its just that sometimes I get a little angered with the thought of it not being 4WD and i thought it would be. I'm also a little angered by the misleading and dishonesty with the advert.

If you do not have in writing what you have bought in the bill of sale, signed by the seller - I doubt you have a case. If the only thing wrong in your verbal sale was the absence of 4WD, which could be pin pointed the moment you took the vehicle for a test drive, and keys, you are lucky. Enjoy the vehicle just as it is and welcome aboard.

 

[Nick H]

With regard to consumer rights, you should contact your local Trading Standards Department for a definitive answer. Many Trading Standards Depts have now saved money by farming out advice to the Citizens Advice Bureau. Either way, they are the ones to advise.