Legal advice needed on returning motorhome

[buttons]

Hi, long story short, my friend purchased a second hand motorhome from a large trader, she took it away for a short break for 5 days as soon as she got it ( with a new habitation cert ) ,
Very unhappy, smell of gas, co detector readings high, cooker blew out when tried to light it etc
Came home rang company and said what had happened, said she wanted to return because she's well within the 30 days, and she's totally lost confidence in vehicle.
The company ummd and arred, but then after several phonecalls said they would come and pick it up for her ( as an engine light had come on too) and have a mechanic and an independent person look at it...
I asked her if they were giving her the money back and she said there was no mention of that
Now I'm concerned that they will then have here money and the van!?!
Can she demand her money under 2015 act before handing van over or do they have the right to access vehicle and decide what to do?
Apologies for spelling and grammar, bit worried for her as they are coming on Thursday
Many thanks
Nikki

You say cooker blew out, does this mean it blew up or went out?

 

[chaser]

Is it me or does this sound a bit like someone who has had some problems but also decided that motorhomes aren't really for them?

Typical "buyers remorse" by the looks to me, just get it fixed and wait for some better weather to try again.

 

[eddie]

Good luck with Trading Standards they cannot be contacted directly only through Citizens Advice. I bought a Motorhome 18 months ago it was rotten along the floor on both sides but only obvious to a knowledgeable specialist, this was my first Motorhome. I gave the trader chance to repair a number of faults but after I had an independent survey which revealed sub standard repair and unsafe to sleep in due to unknown sports within the walls.
I rejected the vehicle vis a solicitor as trader would not respond to me. Eventually the trader took the vehicle back and I lost £6000 on the deal harsh bitter pill. The vehicle was back on Autotrader the next day for more than I had originally paid. Citizens Advice didn’t want to know can’t get to Trading Standards so I’ve lost a lot of money and any confidence in the Trading Standards “service ”
On the up side I found a brilliant trader and now have a fabulous Motorhome

And that it the reality sadly most of the time. I had a similar experience with a boat some time ago and realised just how useless Trading Standards are

 

[Nikki]

Thanks to everyone for sharing.
She is a member of camping and caravanning club and has found that they have a free legal advice line.
They have been very helpful and have advised that she is to put it in writing that she is rejecting the vehicle, stating the issues and the 30 day fact.
Also they have told her not to let them pick up the vehicle without a signed agreement for a refund
I will of course let you know the outcome, hopefully it will just pan out

 

[thebriars]

Having been through the process of rejecting a new caravan which fell apart within the first month of use (but outside the 30 days), there are several points to note.
1. As has been said Trading Standards are a waste of space these days. Absolutely no point in even considering them.
2. The Consumer Rights Act is a brilliant piece of legislation and very readable, and gives us, the consumer, considerable rights way beyond any warranty or contract with the dealer.
3. If needing legal advice also consider your home insurance legal cover. This is what I used and they were brilliant. My dealer refused to even speak to me and there was never anyone available when I called into the dealership. Utter cowboys. I also contacted CMC legal helpline, and I was informed by their solicitor that my caravan was classed as a motor vehicle. It isn't. There were some significant differences in the CRA regarding motor vehicles in my case.
4. Sadly there are too many willing to accept the poor quality of stuff like motorhomes and caravans and put up with endless repairs. OK, I accept they are complicated bits of kit with elements from different manufacturers and some niggles are inevitable. Apart from that, however, if more people stand up for their rights under the CRA (my fight took 5 months), then we might find that dealers and manufacturers do have to improve standards. Yes it might put up costs slightly but when you look at the scale of warranty work some dealers face, this would largely offset that cost.

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[debsscott210]

Hi, i've recently bought a new motorhome from a dealership 380 miles from where i live. I collected the motorhome at the end of september and planned a 5 day stop off on the route home; day 2 after arriving in North Wales a warning light came on; called the recovery service and they stated there was an issue with the engine and it needed to be serviced at a Ford Centre, it was safe to drive, but should be looked at. Day 3, we had a number of electrical problems, rear camera stopped working, lights not working and warning lights flashing on dashboard. We decided to cut the holiday short and drive back home. Arrived home a day later and couldn't turn the engine off; sat outside the house for 2 hours, waiting for recovery to arrive; he drove with us to our local ford service centre, where they disconnected the battery and said they would look at the Motorhome 2 weeks later, so it sat outside their service centre until the 20th October. They were able to fix the issue with the engine not shutting down (new ignition), but weren't able to resolve the other issues, as they were not their responsibility, they suggested problems with water leaking into the control panel, swivel chair causing issues with the electrics and the waste water lever had fallen off. Basically, spent £62,000 and the motorhome is not fit for purpose. I contacted a local baileys approved centre, just 50 miles from home, but they have refused to look at it, and said it needs to go back to the dealership, which is 380 miles away. It can't be driven down there, as it's got too many unknown issues, I wouldn't want to be on the motorway and for something else to fall off or the engine explodes. Is it my responsibility to pay for it to be returned back to the dealership and then pay to go and collect it? Would appreciate any advice on this one. thanks

 

[CraigLewis]

Hi, I purchased a new Motorhome in April 2022. I have returned the motorhome to the trader as a leak was apparent from the roof. The trader confirmed there were two sources for the leak which they have repaired but the ceiling is damaged and as such the Motorhome must be returned to the manufacturer for repair which could take months. Am I entitled to reject the Motorhome and seek reimbursement as it was clearly not fit for purpose at the point of sale?

 

[chaser]

As always with these old threads, I wonder what happened to the op?

 

[Ingwe]

The Terms and Conditions will have been on the back of the invoice and will be at minimum Consumer Rights Act 2015.

Just a point: an invoice is a post contract document. If the T&Cs appear only on the back of the invoice then they will not be incorporated into the contract.
Canny suppliers will put the T&Cs on any or all pre-contractual documents such as a quotation or order form.
Just saying.
The clerks room link is pretty good.

 

[InvictaMoto]

Had a few minor problems with ours. It's 9 years old so we don't expect it to be like a new van.

Leaking grey water pipe underneath. Leaking sink tap. EHU RCD playing up.

All fixed under warranty. I guess it depends on the dealer. But losing confidence after a few days seems extreme.

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[Lidolover]

Sorry, but I think that some of the information you are getting here is wrong. The Consumer Rights Act 2015 is the key legislation here.

As long as you are within the first 30 days of taking ownership you have the absolute right to reject the goods if they are of unsatisfactory quality, or are not fit for purpose or are not as described. You do not have to allow the supplier to put things right, although you may do so if you wish.

BUT, terms like unsatisfactory quality and unfit for purpose need some interpretation, based upon the facts of each case, and that is especially so when dealing with second hand goods. That is why I recommended that you get some legal advice in my previous post.

If you are outside the 30-day right to reject, you have to give the supplier one opportunity to repair or replace any goods which are of unsatisfactory quality, unfit for purpose or not as described. You can state your preference, but the supplier can normally choose whichever would be cheapest or easier for it to do. If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:

• the cost of the repair or replacement is disproportionate to the value of the goods or digital content
• a repair or replacement is impossible
• a repair or replacement would cause you significant inconvenience
• the repair would take an unreasonably long amount of time.

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund. If you don't want a refund and still want your product repaired or replaced, you have the right to request that the supplier makes further attempts at a repair or replacement.

In addition If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the supplier can prove otherwise. During this time, it's up to the supplier to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product. The supplier can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement. The only exception to this rule is motor vehicles, where the supplier may make a reasonable reduction for the use you've already had of the vehicle after the first 30 days. This would apply to a motorhome

I totally agree. This reply is fact based, correct re. law and well informed. Some of the other comments here are unhelpful, inappropriate and make assumptions e. g. She's decided that motorhoming is not for her.... Thank goodness for people like Peterc10!!

 

[Lidolover]

Just a point: an invoice is a post contract document. If the T&Cs appear only on the back of the invoice then they will not be incorporated into the contract.
Canny suppliers will put the T&Cs on any or all pre-contractual documents such as a quotation or order form.
Just saying.
The clerks room link is pretty good.

The Terms and Conditions will have been on the back of the invoice and will be at minimum Consumer Rights Act 2015. The dealer will sometimes add their own terms which may well benefit the consumer. It should also specify your right of return of the goods.

First thing to do is to find those T's & C's and read them throughly.

What I do know is that they can insist on being given the opportunity to put right any defects, but there is a balance of not fit for purpose in the first place etc etc.

Be nice, courteous and friendly. I want to find a resolution together etc etc

Which? have a legal helpline you can join for a fee. I've used it in the past and found it useful.

The lLaw, Consumer Rights Act 2015 override T&Cs, policies, procedures.

 

[RedFrame]

I wouldn't fret about it too much Lidolover The original post is over 4 years old....

Cheers
Red

 

[chaser]

I wouldn't fret about it too much Lidolover The original post is over 4 years old....

Cheers
Red

And we never did find out what happened.

 

[CAB96]

And we never did find out what happened.

There's two more tagged on with no follow up either!

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[CAB96]

Hi, i've recently bought a new motorhome from a dealership 380 miles from where i live. I collected the motorhome at the end of september and planned a 5 day stop off on the route home; day 2 after arriving in North Wales a warning light came on; called the recovery service and they stated there was an issue with the engine and it needed to be serviced at a Ford Centre, it was safe to drive, but should be looked at. Day 3, we had a number of electrical problems, rear camera stopped working, lights not working and warning lights flashing on dashboard. We decided to cut the holiday short and drive back home. Arrived home a day later and couldn't turn the engine off; sat outside the house for 2 hours, waiting for recovery to arrive; he drove with us to our local ford service centre, where they disconnected the battery and said they would look at the Motorhome 2 weeks later, so it sat outside their service centre until the 20th October. They were able to fix the issue with the engine not shutting down (new ignition), but weren't able to resolve the other issues, as they were not their responsibility, they suggested problems with water leaking into the control panel, swivel chair causing issues with the electrics and the waste water lever had fallen off. Basically, spent £62,000 and the motorhome is not fit for purpose. I contacted a local baileys approved centre, just 50 miles from home, but they have refused to look at it, and said it needs to go back to the dealership, which is 380 miles away. It can't be driven down there, as it's got too many unknown issues, I wouldn't want to be on the motorway and for something else to fall off or the engine explodes. Is it my responsibility to pay for it to be returned back to the dealership and then pay to go and collect it? Would appreciate any advice on this one. thanks

Hi, I purchased a new Motorhome in April 2022. I have returned the motorhome to the trader as a leak was apparent from the roof. The trader confirmed there were two sources for the leak which they have repaired but the ceiling is damaged and as such the Motorhome must be returned to the manufacturer for repair which could take months. Am I entitled to reject the Motorhome and seek reimbursement as it was clearly not fit for purpose at the point of sale?

Hello both, did either of you manage to get a satisfactory outcome?