Legal rights to reject.

[TUCANO]

Wrong emoji there l was not sticking my tongue out, apologies.

 

[Southdowners]

That's OK!

If you've really decided to go down the rejection route then I think you need legal advice before you begin the process. You can buy an hour's consultation with a lawyer fairly inexpensively.

To take the matter to court would be extremely costly as the claim would be over £10K (so not a Small Claims Court case). Certainly a lot of information can be gleaned online and, from what I've read, it would be unlikely you'd win. If you don't win you would end up paying the other side's costs and fees, etc. Have you read the info posted by Ingwe?

I understand your worry about it being an outside locker but I can't believe that it can't be fixed. Do you know why it failed?

 

[tonyidle]

I understand your worry about it being an outside locker but I can't believe that it can't be fixed. Do you know why it failed?

I agree. You're about to put yourself through a lot of difficulty for the sake of a failed drawer runner. I have two of those lockers on my current van and had one on my previous (Hymer) mh. They use heavy-duty drawer runners that can be very easily replaced. The fasteners used to attach them to the vehicle body and the drawer moulding itself aren't always the best. It would be easier, though perhaps not as satisfying, to go to someone you can trust, have the repair undertaken, then fight over the cost with your dealer. I can't believe it would take more than one or two hours labour to do a decent repair.

 

[gus-lopez]

l would NEVER feel happy driving this van.

neither would I looking at the original photo.

I agree. You're about to put yourself through a lot of difficulty for the sake of a failed drawer runner. I have two of those lockers on my current van and had one on my previous (Hymer) mh. They use heavy-duty drawer runners that can be very easily replaced. The fasteners used to attach them to the vehicle body and the drawer moulding itself aren't always the best. It would be easier, though perhaps not as satisfying, to go to someone you can trust, have the repair undertaken, then fight over the cost with your dealer. I can't believe it would take more than one or two hours labour to do a decent repair.

But have yours been torn off whilst open & being driven past a wall?

 

[TUCANO]

Looking at it myself l think it failed because there it appears the lid is closing in a twisted position and forcing the rails apart, there appears to be nothing to prevent this.

^{_{Subscribers  do not see these advertisements}}

 

[tonyidle]

neither would I looking at the original photo.

But have yours been torn off whilst open & being driven past a wall?

No they haven't and I didn't re-read the original post. On a new van I wouldn't expect a repair I'd want a new front (at least) and replacement of both runners. The runners cannot be taken apart and the balls can't be disengaged so once forced they have to be replaced. My experience of these drawers is that they are extremely robust (my long one has a load limit of 75kg) and I suspect that what has happened in this case is that it came open rather than fell off. It was torn from the runners by hitting the wall.

 

[hilldweller]

Many thanks for the replies. I left a letter with the company yesterday saying that unless it was repaired, again, to my satisfaction l would reject it as not fit for purpose.

I now want a solicitor who deals in consumer rights ?

Oh boy are you going to make some lawyer very happy. From your stubborn attitude I think he will be enjoying the holiday you will never be able to afford again.

 

[TUCANO]

Oh boy are you going to make some lawyer very happy. From your stubborn attitude I think he will be enjoying the holiday you will never be able to afford again.

I value my, and others peoples safety more important than cash. Would you happily drive a van with a third attempt at a repair.

 

[hilldweller]

I value my, and others peoples safety more important than cash. Would you happily drive a van with a third attempt at a repair.

I'm just trying to stop you wasting a fortune. I've told the tale before. £20,000 contract. Man said the job was not good enough. Both stubborn. In the end the guy selling won. The court said he was right. The legal bills came to £250,000. Great victory that was. It's possible the legal fees came out of insurance, I don't know.

But your case. It's a drawer. I would guess the right action was to let them repair it and then get a certified engineer to give an opinion. Many times cheaper than a lawyer's opinion.

 

[TUCANO]

Oh boy are you going to make some lawyer very happy. From your stubborn attitude I think he will be enjoying the holiday you will never be able to afford again.

^{_{Subscribers  do not see these advertisements}}

 

[TUCANO]

Or travel with the drawer empty

 

[hilldweller]

Or travel with the drawer empty

Actually I had wondered if you could load it but somehow fit safety straps until you are confident in it.

It's proven design ( unless you discover otherwise ) so it's a case of coming to terms with the repair. Ball slides always look a bit frail to me, I don't think it takes much to distort them. Did they fit new slides ?

 

[TUCANO]

Actually I had wondered if you could load it but somehow fit safety straps until you are confident in it.

It's proven design ( unless you discover otherwise ) so it's a case of coming to terms with the repair. Ball slides always look a bit frail to me, I don't think it takes much to distort them. Did they fit new slides ?

They said that they had, back to work here, still gainfully employed !!

 

[hilldweller]

still gainfully employed !!

Great news, as long as you're paying taxes.

Have you got more than one locker ? If so compare the ball slides in case they bought some from B&Q.

 

[eddie]

I think that the van being three years old will be a major factor on whether you can reject it

Also, you have told the dealer that you reject it, and the dealer has pointed out that you have bought it, it's yours. Leaving it at the dealer in this situation would worry me. The dealer has no legal responsibility for the safety of your vehicle as it isn't in his care or control as he has refused to accept it back.

So as it stands it is your property (money) sat there, should the vehicle be damaged by a third party, your right to reject it will be gone irrespective of any other factor.

I saw the after effect of a disgruntled customer a few years ago. he had spray painted black circles around everything that he felt unhappy about, the van looked a right old mess. The rejection was rejected as it was considered seriously damaged, nothing to do with the original faults.

I watched one of our customers yesterday reverse into one of our fences, scratching his van, bending one of our traffic signs, he was oblivious. He then pulled forward as I was walking over and he started to reverse into one of our vehicles, I yelled for him to stop, and explained that he's already damaged his van, our sign and I didn't want him damaging one of our vehicles as well!

He didn't believe that he'd reversed into anything, I told him to look, which he did, looked at the red scratch and our bent sign and said "It's because the mirrors are wrong and I can't see in them!"

The same guy could be reversing into your motorhome as I write this! Simply dumping the van back isn't a good idea.

^{_{Subscribers  do not see these advertisements}}

 

[TUCANO]

I appreciate all replies so many thanks all.The van is being repaired again today and the MD will contact me tomorrow.

 

[DavidG58]

Stick with it for now , everyone of us will share your disappointment, a good few would be having same rejection thoughts as you

Providing the dealer puts at least new runners on and maybe a new drawer all should be good, it dies sound like they might have tried a cheap repair ?

I agree with higher up post get an independent report when finished if you are still unhappy or unsure

 

[hilldweller]

I appreciate all replies so many thanks all.The van is being repaired again today and the MD will contact me tomorrow.

That's going to be an interesting conversation. At least he knows you are not a push-over.

If you are really lucky he may accord you the honour of "Grumpy Old Man". Then he'll be eating out of your hand.

 

[golly]

watched one of our customers yesterday reverse into one of our fences, scratching his van, bending one of our traffic signs, he was oblivious. He then pulled forward as I was walking over and he started to reverse into one of our vehicles, I yelled for him to stop, and explained that he's already damaged his van, our sign and I didn't want him damaging one of our vehicles as well!

You should of sold him a reversing camera while he was there ??

 

[Coolcats]

Even if the goods are three years old the sale of goods act still applies, there are a couple of area's I have highlighted, I am not going to go in to all the details but essentially the dealer concerned did not use OEM parts which caused the paint to flake again. After a several polite calls and emails I had to get firm and quote the following which resolved the issue. Do look at the relevant legislation, do talk with someone like RAC legal services, Be patient Be Fair but above all be Firm about what you want from an outcome, everything else is just emotion.

This is part of a final email to get things sorted.

"The Sales of Goods Act 1979 applies in this case which states that goods supplied should be as described, of suitable quality and fit for purpose.

It is more than reasonable that paint peeling xxxxx within 18 months is a product that is not as described, of suitable quality or fit for purpose. As you are aware our local xx main dealer will not carry out a smart repair as this work as they cannot guarantee the paint will not flake again which goes to underline the dubious quality and fit for purpose of the work carried out by yourselves.

There is further relevant legislation which is the Consumer Protection from Unfair Trading Regulations 2008 and the update: Misleading and Aggressive Commercial Practices - New private rights for consumers. The Consumer Protection (Amendment) Regulations 2014.

As far as the misleading and aggressive commercial practice is concerned you are trading under the xxxx brand, which implies you are using xxxx parts."

Good luck in your quest for a resolution.

^{_{Subscribers  do not see these advertisements}}

 

[TUCANO]

That's going to be an interesting conversation. At least he knows you are not a push-over.

If you are really lucky he may accord you the honour of "Grumpy Old Man". Then he'll be eating out of your hand.

My email address is grumpystar for a reason

 

[golly]

Hi Norman, what was the outcome with the van, did you come to any compromise or did you regect? Just being nosey ?

 

[TUCANO]

I have given them a week to reply and heard nothing so today l am calling the Citizens Advice centre again as they told me to do.
I e-mailed Pilote who are looking into the build of this van, there does not appear to
be any wood in the build of the runner supports, should l be surprised ?

 

[TUCANO]

Further to the above, l have no problem with people wondering what is happening, l will post whenever there is a development good or bad.

 

[peterc10]

So you still have not got yourself any legal advice!!! This may not end well unless you do.

^{_{Subscribers  do not see these advertisements}}

 

[TUCANO]

So you still have not got yourself any legal advice!!! This may not end well unless you do.

I am trying to be positive about this situation, if l start legal proceedings how much will it cost and can l afford it.
I called one solicitor almost immediately this began and l was told that they were too busy at the time !
Thank you for your concern, much appreciated ?

 

[peterc10]

I am trying to be positive about this situation, if l start legal proceedings how much will it cost and can l afford it.
I called one solicitor almost immediately this began and l was told that they were too busy at the time !
Thank you for your concern, much appreciated ?

The whole point of getting a lawyer's advice early is to try to avoid having to start legal proceedings later. At the moment you have no qualified legal advice about where you stand and what you should do about, based upon all of the facts involved. There are plenty of other solicitors about. A couple of hundred quid for a meeting and discussion may save you thousands later.

 

[sallylillian]

I value my, and others peoples safety more important than cash. Would you happily drive a van with a third attempt at a repair.

Yes, and I have. My Flair was repainted 3 times, and the aluminium lockers replaced twice. In the end I had a perfect van, so traded it! I believe that a firm but relaxed approach is more successful. Sometimes I found that faults were part of the education of how my van worked and had been constructed. And sometimes I repaired my in-warranty van myself because I wanted a better solution. Of course if you do not have the right abilities I accept this might not be a good answer for you.

 

[TUCANO]

An update for anyone interested. I have collected the van after the company carried out a second repair to my satisfaction.
The runners have been replaced with far sturdier components and I am happy with that.
I am aware that some members of the forum will agree with what I have done whilst other will think the opposite but after talking to the Citizens Advice again and their suggestion of writing yet another letter then contacting a solicitor I then talked to the decision maker, my younger sister, she will call a spade a spade, and any rude words that spring to mind
I simply want to get out and enjoy the van with the first outing being to the Bristol Balloon meet in two weeks time however I am unable to do anything at the moment as I have hurt my back, damn it.
Would I recommend Campbells of Preston.
Nooooooooooooooooooooooooooooooooooooooooooo
My grateful thanks to all who contributed to this topic, it was all very much appreciated.
Norman.

 

[Blue Knight]

I'm pleased it worked out for you. There's nothing worse than having a problem with your van, especially when you want to be out and about in it.

Well done,

Andrew

^{_{Subscribers  do not see these advertisements}}