Data Protection Laws & Warranty

[Stanthevan]

I have a two year old Elddis Motorhome, which I’ve owned for the last year. The first owner sold the Motorhome within the first 8 months. I purchased it from Dealer.
The Motorhome now has an issue with damp, and this was found on the 2nd Hab check done in October 23.
The dealer has submitted a warranty claim to Elddis.
So, in my opinion a serious situation, given the age of the Motorhome. I therefore phoned Elddis, and asked if I could have a copy of all warranty work carried out on this vehicle, just in case previous work had been undertaken and/or relevant.
Elddis responded, that due to Data Protection Law they are unable to furnish me with any history prior to my ownership!
My question to the good folk of Motorhome Fun is…
Has anyone any experience of the same, or any advise they could offer?
I have tried asking for senior manager input at Elddis, but the answer remains the same.
Thank you

 

[FrankNicklin]

Utter rubbish, at what point will data protection laws have been broken. They are giving details about the MH not the previous owner. Too many companies hiding behind data protection and GDPR. You can get MOT information going back years on vehicles, does that break DP rules. Go back to them and suggest that this is rubbish what have they got to hide.

 

[PaulW2]

They could disclose the work without disclosing the identity of the previous owner.

Sounds like a dodge to me. The only interested party other than a previous owner would be Elddis themselves. So it seems tantamount to them, in US terms, "taking the 5th"!

 

[Stanthevan]

Couldn’t agree more, however I don’t seem able to get the information I want.

 

[FrankNicklin]

Couldn’t agree more, however I don’t seem able to get the information I want.

Write a letter to the office stating that data protection rules do not apply to inanimate objects, only people. You are requesting data about the history of the vehicle and not details of the previous owner. Perhaps mention that online MOT history for a vehicle does not break DP rules.

Give them 10 days to respond with the information you have requested. If they refuse approach citizens advice and ask them to word a letter on your behalf.

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[FrankNicklin]

As the previous owner sold the vehicle within 8 months of ownership were they aware of the damp at the time and failed to disclose it and the reason for the sale so soon in to ownership. That said the dealer should have found it before the trade or the owner should have had the vehicle repaired under warranty hence your request for further information. If the dealer was aware but didn't get it repaired and did not inform you at the point of sale to may have legal recourse. Proving the damp was there at the point of sale, might be difficult but might also explain their reluctance to release further details as they may implicate themselves.

You cannot use the sales of goods act as the dealer has requested a repair under warranty and must be given the opportunity to complete that repair. As the vehicle is a year in to your ownership then I believe this is the best you can expect, however the request for further information still stands.

Was the dealer that you purchased from the original dealer that sold the MH to the original owner. Could a previous dealer hold the cards regarding previous repairs, although Elldis should have records of previous warranty claims if any.

 

[CAB96]

Do you have the right to the information?

I would say it isn't covered by GDPR as it isn't personal information, but that doesn't mean you have a legal right to it.

 

[FrankNicklin]

Do you have the right to the information?

I would say it isn't covered by GDPR as it isn't personal information, but that doesn't mean you have a legal right to it.

Why not, what have they got to hide. You can get MOT history why not repair history.

 

[CAB96]

Why not, what have they got to hide. You can get MOT history why not repair history.

Why not indeed?

But why would they if they don't have to?

 

[Gromett]

Do you have the right to the information?

I would say it isn't covered by GDPR as it isn't personal information, but that doesn't mean you have a legal right to it.

I would agree with this.
They are using data protection as a cover for not wanting to give you the information. They are hoping you are ignorant of the law and will just go away.
HOWEVER, as CAB96 says I also don't think you have any automatic legal right to the info. But I am not a lawyer so there may be ways of getting said information. Might be worth having an initial interview with a solicitor to find out.