Consumer rights on rejecting motorhome

[finder40]

Hello,

We purchased an '04 plate motorhome from a dealership 4 months ago. We found the add on eBay and checked out the dealer, paid £500 deposit and drove to the other side of the UK to pick it up. When we got there we noticed water marks on the internal roof, we raised our concerns and the dealer did a damp check that showed 50%+ reading. He believed it was from jet washing the vehicle and told us to wait a few hours and he will reseal the sky light and stop the leak. We agreed and let him fix it. We had 3 months warranty and within that time we reported how severe the new leak is its dripping down walls, gone into the electrics and we have mould spores and rotten wood (see photos).

We have asked to reject the vehicle as its not feasible of financially efficient for us to drive over 300 miles to give him another attempt to fix it. We asked if we could take it locally to be inspected and have the work carried out locally. He refused and refused the rejection. We have contacted consumer helpline and they have advised we are covered by the consumer rights. BUT my question is has anyone else been down this route and what was the remedy. He is now saying its our fault for having the motorhome outside whilst its leaking (the leak he told us was fixed the day we purchased).

 

[Blue Moon]

I wouldn’t name the dealer the best route would be to show the make, model, reg number and some piccys of the van. If all goes well and full monies are returned he’ll probably just trade the van on to another dealer even at a loss and the problem will start all over again but somewhere else. The more people know about the van the less chance another funster will have the same problems.

 

[Furry Paws]

This is the latest response, due to us saying we will not be covering fuel to Devon and back AND covering the expense for him to fix the issue that he sold us the first place. Why should we cover all the costs he wants to charge for a fault present at purchase that he has already assured was fixed.



So you are refusing to bring the motorhome
Back and continue to leave it out in the rain with a leak ?

That’s fine. just so we have it on record.

If you want to PM me I live near Manchester but am retired and am a difficult person to deal with as I know how to find answers to legal points of law! I have an Iveco Daily ex-schoolbus that I have converted or am currently converting, you never finish, I could drive to you and take your vehicle to the dealer for them to "do the necessary repairs" and if you have legal insurance either on your van insurance or house insurance or you paid using a credit card will get the dealer to "jump" to it or put him out of business and make sure he couldn't operate under fake nominee directors?
Only problem my end is because I am 74 can only now drive a 3.5tonne as I didn't renew for heavier.

If I can be of any help let me know !

 

[Al Leister]

I do, just like we should praise good service. However should the OP decide no too I wont be responsible I’d someone else has a bad experience.
Back when the Autotrail water ingress debacle with their new models started support groups were set up on FB. It wasn’t long before the Autotrail lawyers popped up with threats to sue anyone they felt were posting libellous comments.
Name and shame by all means but be 100% confident in your facts and evidence.

Merry Xmas, Steve

Lawers are a breed, indeed, and need, to be avoided: a wide berth, multiple berths, as many berths as can be imagined.

This "outfit" (insert name) suggested I should not leave my motorhome outside, in the rain!

Job done.

There are many motorhome, car, van....... "outfits" about. Many who don't give two balls of roasted snow about integrity! We need to, yes, back to the sleeping accommodation thingy, give them a wide berth, multiple berths, as many berths as van be imagined.

We travelled from Belfast to Somerset last month, to purchase a used motorhome from a dealer. It was a, Class Act - Start to Finish. From sales rep to handover. Just last week the company honoured its warranty - long distance, without having to return to base. They liaised with a major motorhome dealer in Northern Ireland. This is how to operate a business. We are 100% satisfied with our vehicle and the service we received. Should we name this company? Absolutely!

Somerset Motorhome Centre, Taunton.

 

[Ingwe]

Lawers are a breed, indeed, and need, to be avoided: a wide berth, multiple berths, as many berths as can be imagined.

We are. You been talking to my better half?
Feel free to ignore all and any legal advice I and other lawyers freely post. Happy Christmas.

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[TonyEmm]

We are. You been talking to my better half?
Feel free to ignore all and any legal advice I and other lawyers freely post. Happy Christmas.

There are times in life where lawyers are necessary (even if you consider them a necessary evil).
I’m using a firm just now who’ve already saved me making an expensive mistake on a commercial contract. I’ve used them before and was happy, this time is a little different as the other party have agreed to pick up the tab for my legal fees..

I’m all in favour of DIY but, there are times in life when it pays to have a specialist… legal or otherwise.

 

[Puddleduck]

If you have legal cover with your insurance (home or contents) use it.

The dealer almost certainly knew about the issue and took advantage of your lack of knowledge. The motorhome is not fit for purpose.

Don't name the dealer on here as yet as that may prejudice your claim.

 

[Al Leister]

If you have legal cover with your insurance (home or contents) use it.

The dealer almost certainly knew about the issue and took advantage of your lack of knowledge. The motorhome is not fit for purpose.

Don't name the dealer on here as yet as that may prejudice your claim.

Don't name the "dealer" anywhere - until the matter is closed.
Then,

This "outfit" (insert name) suggested I should not leave my motorhome outside, in the rain!

Simples.

 

[Live Life Now]

Hello and welcome ? Is that a Swift Motorhome ?
You need do get that water ingress sorted asap . Thats been leaking for a long time . Where are you baSED

they are purely motorhome dealers

That looks expensive to fix and I doubt you will get complete satisfaction.

Name and shame this charlatan and help others to give him a wide berth. Don't feel sorry for them as they knew what the problem was when they did the deal and went ahead and robbed you. Makes me so angry I would be tempted to take them through the small claims court, not difficult

 

[Live Life Now]

I just hope no one else would fall foul like we have, I've never known a company response to be so unprofessional for a motorhome dealer

Since when were motor dealers professional?
Its our sycophantic mentality that's lets us down and the unscrupulous dealers steal our hard-earned dosh

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[Mr A]

This is the latest response, due to us saying we will not be covering fuel to Devon and back AND covering the expense for him to fix the issue that he sold us the first place. Why should we cover all the costs he wants to charge for a fault present at purchase that he has already assured was fixed.



So you are refusing to bring the motorhome
Back and continue to leave it out in the rain with a leak ?

That’s fine. just so we have it on record.

If it hasn’t been pointed already. I would make sure you have it on record that you are willing to return the vehicle to be repaired, at the sellers expense obviously.
Under the CRA2015 the seller has one opportunity to fix the fault. The fact they tried to fix it prior to sale is irrelevant.
The dealer has no liability for your costs in returning the vehicle. It was your choice to purchase it from so far away. The fact your husband is unwell is irrelevant. Sorry to sound harsh.
The point the dealer is making about you leaving it out side is to limit his liability. Similar to someone complaining about a engine issue but continuing to drive it.

 

[Johnchudson]

If it hasn’t been pointed already. I would make sure you have it on record that you are willing to return the vehicle to be repaired, at the sellers expense obviously.
Under the CRA2015 the seller has one opportunity to fix the fault. The fact they tried to fix it prior to sale is irrelevant.
The dealer has no liability for your costs in returning the vehicle. It was your choice to purchase it from so far away. The fact your husband is unwell is irrelevant. Sorry to sound harsh.
The point the dealer is making about you leaving it out side is to limit his liability. Similar to someone complaining about a engine issue but continuing to drive it.

 

[eddie]

So a dealer Simon-Alan Kerr has offered to intervene and try and help and Solicitors often give advice pro bono yet all dealers are bastards and lawyers are money grabbing charlatans

Could it be that some members of the public are bigoted blinkered Richard Heads

I have no idea what the rights to reject a motorhome that is 18 or 19 years old due to damp issues, less I would imagine that a brand new one, I do know that health matters are not a reason, not to be able return a vehicle, neither is loss of faith in a Company’s future ability or intentions

I do know that the best and cheapest option is to work with the dealer, get it fixed and start to enjoy it, rather that it be left to further deteriorate possibly for months and months whilst the legal process grinds on and on with all the stress that that entails.

If you claim would be, not fit for purpose, then logically you can’t use the motorhome during the Court action, imagine walking by it daily, winding you up, grinding your gears, only to eventually get your day in Court, to be faced with a dealer who tells the Judge that ‘any van near 20 years old will have some damp, then proceed to produce a letter from the previous owners stating that they never had any issues with the van, and that they’d always offered to repair the leak, but you’d refused to return the motorhome to them to let them fix it, as it was too far!

You liked the van which is why you chose it, you picked it over all the others you liked, so nothing really has changed, get it fixed by the dealer and tell them you want an independent habitation check carried out before you travel to collect it and you could be sat in the Sun by Easter with a G&T enjoying a BBQ

 

[Johnchudson]

I successfully refused a £40k knaus new caravan and negotiated with the dealers solicitor. You should not rely on enthusiastic amateur advice, including mine, as English law evolves by case law, so last years advice may no longer be correct. As a minimum you should consult WHICH legal who have draft letters for you to use. Keep them simple and easy to interpret. Your rights are stronger if the fault is from the beginning as yours was and within the first 30 days. As time goes on the emphasis changes from the vendor having to accept the return at no cost to you and morphs in to you having to prove the fault was there. As they attempted a repair thre can be no dispute about the fault. Nowadays you have to give the vendor one chance to repair it which you have already done. I suggest you use Which letter template to refuse the van and ask the dealer to collect it at their cost. You must make it available for collection. in my case I asked for proof of payment in to my account before releasing it and I made them sign a receipt for the van. I also was paid the cost of the awning and levellers I had fitted as the refusal was at no cost to me. Good luck!
ps you can start here?

Consumer Rights Act 2015 - Which?

The Consumer Rights Act protects you in almost all purchases you make. Here we explain what it means when buying goods or services

www.which.co.uk

 

[chaser]

So a dealer Simon-Alan Kerr has offered to intervene and try and help and Solicitors often give advice pro bono yet all dealers are bastards and lawyers are money grabbing charlatans

Could it be that some members of the public are bigoted blinkered Richard Heads

I have no idea what the rights to reject a motorhome that is 18 or 19 years old due to damp issues, less I would imagine that a brand new one, I do know that health matters are not a reason, not to be able return a vehicle, neither is loss of faith in a Company’s future ability or intentions

I do know that the best and cheapest option is to work with the dealer, get it fixed and start to enjoy it, rather that it be left to further deteriorate possibly for months and months whilst the legal process grinds on and on with all the stress that that entails.

If you claim would be, not fit for purpose, then logically you can’t use the motorhome during the Court action, imagine walking by it daily, winding you up, grinding your gears, only to eventually get your day in Court, to be faced with a dealer who tells the Judge that ‘any van near 20 years old will have some damp, then proceed to produce a letter from the previous owners stating that they never had any issues with the van, and that they’d always offered to repair the leak, but you’d refused to return the motorhome to them to let them fix it, as it was too far!

You liked the van which is why you chose it, you picked it over all the others you liked, so nothing really has changed, get it fixed by the dealer and tell them you want an independent habitation check carried out before you travel to collect it and you could be sat in the Sun by Easter with a G&T enjoying a BBQ

This is exactly what I was thinking, as since Simons offer he has gone very quiet.

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[stevewagner]

Merry Xmas, Steve

Lawers are a breed, indeed, and need, to be avoided: a wide berth, multiple berths, as many berths as can be imagined.

This "outfit" (insert name) suggested I should not leave my motorhome outside, in the rain!

Job done.

There are many motorhome, car, van....... "outfits" about. Many who don't give two balls of roasted snow about integrity! We need to, yes, back to the sleeping accommodation thingy, give them a wide berth, multiple berths, as many berths as van be imagined.

We travelled from Belfast to Somerset last month, to purchase a used motorhome from a dealer. It was a, Class Act - Start to Finish. From sales rep to handover. Just last week the company honoured its warranty - long distance, without having to return to base. They liaised with a major motorhome dealer in Northern Ireland. This is how to operate a business. We are 100% satisfied with our vehicle and the service we received. Should we name this company? Absolutely!

Somerset Motorhome Centre, Taunton.

Merry Xmas, Steve

Lawers are a breed, indeed, and need, to be avoided: a wide berth, multiple berths, as many berths as can be imagined.

This "outfit" (insert name) suggested I should not leave my motorhome outside, in the rain!

Job done.

There are many motorhome, car, van....... "outfits" about. Many who don't give two balls of roasted snow about integrity! We need to, yes, back to the sleeping accommodation thingy, give them a wide berth, multiple berths, as many berths as van be imagined.

We travelled from Belfast to Somerset last month, to purchase a used motorhome from a dealer. It was a, Class Act - Start to Finish. From sales rep to handover. Just last week the company honoured its warranty - long distance, without having to return to base. They liaised with a major motorhome dealer in Northern Ireland. This is how to operate a business. We are 100% satisfied with our vehicle and the service we received. Should we name this company? Absolutely!

Somerset Motorhome Centre, Taunton.

Merry Christmas to you too. Personally I have only had positive experiences with the solicitors I have used. One thing I have learnt is that in order to receive high quality legal advice and services you have to pay, but it is normally money well spent.

 

[stevewagner]

There are good dealers and not so good dealers just as there are in all businesses. I don’t think it’s fair to paint all with the same brush.

 

[eddie]

I successfully refused a £40k knaus new caravan and negotiated with the dealers solicitor. You should not rely on enthusiastic amateur advice, including mine, as English law evolves by case law, so last years advice may no longer be correct. As a minimum you should consult WHICH legal who have draft letters for you to use. Keep them simple and easy to interpret. Your rights are stronger if the fault is from the beginning as yours was and within the first 30 days. As time goes on the emphasis changes from the vendor having to accept the return at no cost to you and morphs in to you having to prove the fault was there. As they attempted a repair thre can be no dispute about the fault. Nowadays you have to give the vendor one chance to repair it which you have already done. I suggest you use Which letter template to refuse the van and ask the dealer to collect it at their cost. You must make it available for collection. in my case I asked for proof of payment in to my account before releasing it and I made them sign a receipt for the van. I also was paid the cost of the awning and levellers I had fitted as the refusal was at no cost to me. Good luck!
ps you can start here?

Consumer Rights Act 2015 - Which?

The Consumer Rights Act protects you in almost all purchases you make. Here we explain what it means when buying goods or services

www.which.co.uk

Yes 100% correct, but that Was with a brand new luxury £40k caravan, a leaky roof light in a 18 - 19 year old motorhome after four months of ownership would be a different matter

 

[Jim]

This is exactly what I was thinking, as since Simons offer he has gone very quiet.

It is Christmas though, hopefully he is not spending it worrying about his van.

 

[Soycd]

Keep written notes of conversations (people, dates etc.)

Good advice. I'd also be tempted to do everything by email that way you have firm evidence of what is said/not said. Recording phone conversations, is also a good idea, however, Just be careful in that area. It's not illegal, but things change if the matter is relating to a claim for damages or if the recordings have been shared without the consent of the participants, in your case the dealer.

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[Plumb]

Have a look at the Gov website consumer rights act 2015 section 19/24 it might give you some insight as to your rights to reject . It’s taken me over 6 months to reject a mobility scooter that was faulty from new . The retailer still then didn’t refund me the bank under section 75 refunded me and paid me some compensation.
But don’t give up and good luck. Unfortunately there are some who do not understand what they’re obligations are under the consumer rights act. Including banks and retailers

 

[Johnchudson]

buying second hand from a dealer is covered by consumer rights legislation

What are my rights when buying second-hand goods? - Which?

If your second-hand goods aren’t good enough, you could be entitled to a refund. But it depends on if you bought your items from a retailer or an individual.

www.which.co.uk

 

[TheBig1]

I realise a few here are frustrated by no recent replies from the OP. However they are likely awaiting their reply from the dealer who is likely closed till the new year. The royal mail strikes may further delay delivery and responses. This may take a long time to resolve

My expectation is that the dealer will disappear, go bankrupt or become a different named business rather than pay out. They tend to be very experienced in manipulating the legal system

 

[Roclaire]

We had same problem .only remedy was to take to county court ,even then its a long drawn out process.



Thaleak has not just happe,and you can garentee there will be lots more rot .put in county court .
It's all done on line ,issue the summons and case begins ,the court then try to get you to mediate with seller .
If no joy it proceeds to court in front of judge .its very informal
Make sure you keep any correspondence with dealer as you can use it as evidence in case
Could still take 3,6 months to get a court hearing .
But you will win as county court cases are based on probability as well as evidence.
So as he is a dealer you will win your case .
If it had been a private seller jude would have said you should havehad full inspection before purchasing .

Keep all correspondence and do by text and email ,not by phone

 

[Live Life Now]

We had same problem .only remedy was to take to county court ,even then its a long drawn out process.



Thaleak has not just happened you can guarantee there will be lots more rot .put it into the county court, small claims.
It's all done on line ,issue the summons and case begins ,the court then try to get you to mediate with seller .
If no joy it proceeds to court in front of judge .its very informal
Make sure you keep any correspondence with dealer as you can use it as evidence in case
Could still take 3,6 months to get a court hearing .
But you will win as county court cases are based on probability as well as evidence.
So as he is a dealer you will win your case .
If it had been a private seller judge would have said you should have had full inspection before purchasing .

Keep all correspondence and do by text and email ,not by phone

VERY SENSIBLE COMMENT, after this is over 100% Name and Shame, you will do us all a favour

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[Johnchudson]

We had same problem .only remedy was to take to county court ,even then its a long drawn out process.



Thaleak has not just happe,and you can garentee there will be lots more rot .put in county court .
It's all done on line ,issue the summons and case begins ,the court then try to get you to mediate with seller .
If no joy it proceeds to court in front of judge .its very informal
Make sure you keep any correspondence with dealer as you can use it as evidence in case
Could still take 3,6 months to get a court hearing .
But you will win as county court cases are based on probability as well as evidence.
So as he is a dealer you will win your case .
If it had been a private seller jude would have said you should havehad full inspection before purchasing .

Keep all correspondence and do by text and email ,not by phone

 

[Johnchudson]

I have tried to recommend simple replies as once the vendor understands you know and will apply consumer rights legislation you may well get your money back if you persist. However if you go the county court route ( remembering your legal costs) before you get committed do download the companies accounts free of charge from beta companies house to check they have the funds if /when they lose. This is a typical unrelated set to give you an idea this company has cash

 

[Live Life Now]

I have tried to recommend simple replies as once the vendor understands you know and will apply consumer rights legislation you may well get your money back if you persist. However if you go the county court route ( remembering your legal costs) before you get committed do download the companies accounts free of charge from beta companies house to check they have the funds if /when they lose. This is a typical unrelated set to give you an idea this company has cash

Do be careful with that advice as some limited companies do have directors limited liabilities

 

[Johnchudson]

As I said at the outset beware of advice from enthusiastic amateurs including mine. In my judgment directors liability is irrelevant unless they have been knowingly trading whilst insolvent. Your contract will I presume (and need to be checked) is with the company so it’s their assets and liabilities that are relevant and are shown in the accounts albeit about a year old. if going the court route you need to be sure liquid assets are sufficient when you win.

 

[Live Life Now]

As I said at the outset beware of advice from enthusiastic amateurs including mine. In my judgment directors liability is irrelevant unless they have been knowingly trading whilst insolvent. Your contract will I presume (and need to be checked) is with the company so it’s their assets and liabilities that are relevant and are shown in the accounts albeit about a year old. if going the court route you need to be sure liquid assets are sufficient when you win.

Yes I see what you mean by amateurs!

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[Johnchudson]

You may find this useful?

https://www.clerksroom.com/downloads/697-Consumer-Rights-for-Motorhome-Owners-and-Rejecting.pdf