Our camper van has developed a fault and the seller won't fix it under warranty - what can I do?

Less than three months ago my husband bought a newly converted campervan. It was a classified ad on an eBay business account stating it had a full engine and gearbox rebuild following a timing belt fail, and the sale included a three month warranty for the engine and gearbox. The seller has also signed a receipt stating it came with a three month warranty. The seller converts campervans and he has never put himself on the V5C, although he claimed in the ad that the van was intended for himself. It has never been used since conversion.

Long story short, husband was driving it to Scotland when it broke down. The AA diagnosed a timing belt problem at the roadside so it was brought home and the seller came out to look at it, self-diagnosed the problem and said it wasn't a part he replaced and wouldn't be covering any of the cost for it. He then went on to say his 'warranty' only covered the parts he replaced. We have spoken to Consumer Direct who aren't much use and CAB only direct use back to Consumer Direct. We have today sent the seller a letter asking him to sort the problem out or refund us, as he won't answer his phone. Is this a legal matter or civil? We have been told it’s a civil matter.

Asked on 18 May 2013 by CP, via email

Answered by Honest John
It’s a civil matter. Tell the man he is a trader and therefore you have all the consumer protection afforded to a consumer buying from a trader. If he does not fix it free of charge or give you your money back, you will take the matter to the Small Claims Track of the Count Court and sue him for the full cost of the rectification work. Law here: honestjohn.co.uk/faq/consumer-rights/
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