Buying A Used Van From A Trader

[whatwhat]

On Saturday my husband and I bought a van from a trader. Neither of us are mechanics, so we used a trader as apposed to an independent seller. While test driving it my husband noticed that the gear box was baggy, so mentioned it. The guy said it was a common problem and was fixable by a clip that cost £16. We also pointed out that the tyres were bald. He said that it would go for a brand new MOT so any issues would be fixed prior to collection. He said as it was trade, there was no warrenty with the vehicle. but my husband needed a van to work, and his old one had just died, so time wasnt on our side, and with a years MOT sounded good.
We collected the van on Tuesday. It had better tyres on, but not new. On the wednesday one of the tyres burst, and we were told it shouldnt have passed an MOT with it.
On Friday he noticed oil pouring from it. He took it to a garage, they said that the van has had some serious (bodge) work on it. the gear box is f*#~ed and its a massive expensive job to fix.
He called the trader who said we dont have stat rights as it was sold as seen. he said we can drive it back to the trade place (40 miles) (but if it ceased en route then we would have damaged the vehicle ourselves so therefore not his problem) so he can check it out next week and see if he thinks there is a fault.. but he didnt think there was anything wrong with it.
I know we are mugs. Please can someone tell me if we have any rights at all.

[chanel5]

Oh dear. I do feel for you as something similar happened to us a few years ago with a motorbike. I can see why you would put your trust in the MOT - as the van passed you would expect it to be up to a reasonable standard. I do hope someone on here knows of a way you can get this trader to face his responsibility. Good luck.

[Canary42]

No comfort to you I know, but I'm always very suspicious of "sold as seen" - it usually means they're hoping you won't spot something seriously wrong that they've concealed.

Not sure whether "fit for purpose" under the Sale of Goods Act applies here - perhaps someone who knows will be along shortly.

[sddsddean]

Not sure where you stand legally. Could be worth a call to Citizens Advice who, I'm sure, will know what your options are. Good luck!
http://www.citizensadvice.org.uk/

[THECORBYLOON]

See here for advice, http://www.tradingstandards.gov.uk/advice/problemswithvehicles-sum6.cfm9

[Peter Pedant]

.

Yes the rights you have are to sue in the Small Claims court ( MCOL - money claim on line ) which I think you are probably gonna have to do.

The van clearly was not of merchantable quality...

CAB will be useful - but will any one do it for you ?

Nope you are gonna have to do it yourself.

Easy by the way.

how much was the van = how much were you mugged for ?
Doesnt affect your rights - just interested