What happens when you reject a new motorhome?

[Larrynwin]

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[Otter Spotter]

If the vehicle has not been labelled to say it can tow and the customer specifically informed the dealer that he needed it to be able to tow, then the vehicle is ‘not fit for purpose’ and therefore the purchase should be voided.
If you have already collected and then found its not fit then you have the right to take it back for a refund, just give them a time and date that you will be dropping it off and want your money back. No ifs no buts.

 

[olley]

This reminds me of the RV is too wide case from 20 years ago, guy buys an RV then after a while tries to reject it because its over the legal width (many A class RV's are) he goes to court to sue the dealer, it seesaws from one court to another getting higher and more expensive before finally losing. Poor guy lost his house over the costs of the case, the dealer didn't do to well either as costs weren't awarded.

 

[chaser]

Thing is though if you were looking for a motorhome to tow something , obviously you would check what it could tow, not leave it to a dealer to tell you.

 

[Otter Spotter]

Thing is though if you were looking for a motorhome to tow something , obviously you would check what it could tow, not leave it to a dealer to tell you.

I would disagree with your statement as the dealer, remember this is not a private sale, has a ‘duty of care’ towards his customer. Just like he could not really sell a Chieftain Tank to a mobility scheme driver.

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[nicholsong]

I would disagree with your statement as the dealer, remember this is not a private sale, has a ‘duty of care’ towards his customer. Just like he could not really sell a Chieftain Tank to a mobility scheme driver.

Not without an Arms Dealer Certificate he couldn't

 

[The Coops]

Not had any personal experience but a neighbour of mine loved our M/home and went to the NEC show and put down a £2000 deposit on a Bailey Autograph and specced a tow bar so he could pull his trailer with his racing lotus 7s in. Van was due to be picked up and he asked about towing weight only to be told that he had not mentioned the weight of the towed vehicle placing his order and that it would be seriously overweight for being towed. End result cost him £4000 in solicitors fees and lost his £2000 deposit ! a £6000 loss! No motorhome no towing ability!

 

[funflair]

Some vans have a chassis that finished at the rear spring hangers and no where to fix a tow bar, friends of ours had a Carthago and the dealer fastened a bracket for a hydra trail straight to the garage floor, guess what? it didn't work

 

[Chris]

Chris Sometimes it's a score draw.

But that only applies to the parties Their lawyers rarely lose.

That’s true , in my experience only about 5% of cases actually reach a final hearing in court.

The other 95% aren’t daft enough to get there.

In this sort of case - reject or not reject - positions get polarised making settlement difficult.

I would be looking at what the OP could do to make the van capable of towing and suing for that cost assuming it could be proven that the towing requirements were known.

If I put myself in the judges seat I wouldn’t assume motorhomes were designed to tow anything to be honest.

 

[steve 6644]

That’s true , in my experience only about 5% of cases actually reach a final hearing in court.

The other 95% aren’t daft enough to get there.

In this sort of case - reject or not reject - positions get polarised making settlement difficult.

I would be looking at what the OP could do to make the van capable of towing and suing for that cost assuming it could be proven that the towing requirements were known.

If I put myself in the judges seat I wouldn’t assume motorhomes were designed to tow anything to be honest.

I could not have put it better yourself Chris.

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[peterc10]

That’s true , in my experience only about 5% of cases actually reach a final hearing in court.

The other 95% aren’t daft enough to get there.

In this sort of case - reject or not reject - positions get polarised making settlement difficult.

A lawyer's dream is two men of principles arguing. They can retire on that type of case. I say "men" because women are usually not that stupid.

 

[Daniel. M]

There is only one guaranteed winner in any litigation, be careful of any action, it may well be worth getting some independent advice from a non-interested party such as the CAB, or a recognised mediation firm

 

[Chris]

A lawyer's dream is two men of principles arguing. They can retire on that type of case. I say "men" because women are usually not that stupid.

I agree - I hear “ it’s a matter of principle” quite regularly.

I do try to talk them out of that - believe it or not

 

[Captain Yoghurtpot]

Spanner in the works time.
Feel very sorry for the op situation.
But, I specifically bought a Motorhome to get AWAY from towing a caravan, and chose a different style of touring .
Have never understood the concept of a motorhome and towing another motorised vehicle, other than a specific vintage or specialised vehicle for shows or racing etc.
If it was just to get about once on site into a local area, going back to a caravan would be my personal choice, with your already provided tow car.
The idea of motorhoming to me was to stay only for a very short period in one place, and move on .

 

[hmj]

Hi
If I've missed any similar comments sorry.
It should say on your log book / V5 section O Technical permissible towable mass of trailer, braked and unbraked. It states on my MH V5 2000kg braked, 750kg unbraked.
IMO that should be the bible - those figures would not have been included on a whim.
Again sorry if I missed any references to the V5.
It would be up to you, if the dealer did not fit a tow bar on delivery, to find a certified tow bar for your van.

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[BigDean]

Spanner in the works time.
Feel very sorry for the op situation.
But, I specifically bought a Motorhome to get AWAY from towing a caravan, and chose a different style of touring .
Have never understood the concept of a motorhome and towing another motorised vehicle, other than a specific vintage or specialised vehicle for shows or racing etc.
If it was just to get about once on site into a local area, going back to a caravan would be my personal choice, with your already provided tow car.
The idea of motorhoming to me was to stay only for a very short period in one place, and move on .

Its a good job everyone is different. I find the option to take a car (which takes me all of 4 minutes to put on or take off the moho) is great when exploring parts of the U.K.

I don’t understand the comparison with this and towing a caravan. Completely different experience.

Each to their own.

 

[Captain Yoghurtpot]

Its a good job everyone is different. I find the option to take a car (which takes me all of 4 minutes to put on or take off the moho) is great when exploring parts of the U.K.

I don’t understand the comparison with this and towing a caravan. Completely different experience.

Each to their own.

Quite agree, each to their own.
I can't tow with my motorhome, I don't believe, but my new style of activity of leisure has shifted from towing, set up, steadies down, awning up, water via aquaroll, etc etc, to drive, arrive, kettle on then move on.
Short away days rather than longer stays in one spot.
But only my choice, for now, and as you say , each to their own and no criticism intended of each person's preferences.

 

[Simon Select]

If the vehicle has not been labelled to say it can tow and the customer specifically informed the dealer that he needed it to be able to tow, then the vehicle is ‘not fit for purpose’ and therefore the purchase should be voided.
If you have already collected and then found its not fit then you have the right to take it back for a refund, just give them a time and date that you will be dropping it off and want your money back. No ifs no buts.

Unless the customer has specifically mentioned that he wants to tow and the dealer has said "Aha" I have the perfect vehicle I would argue on this one. Not all vehicles can tow.

 

[Larrynwin]

Spanner in the works time.
Feel very sorry for the op situation.
But, I specifically bought a Motorhome to get AWAY from towing a caravan, and chose a different style of touring .
Have never understood the concept of a motorhome and towing another motorised vehicle, other than a specific vintage or specialised vehicle for shows or racing etc.
If it was just to get about once on site into a local area, going back to a caravan would be my personal choice, with your already provided tow car.
The idea of motorhoming to me was to stay only for a very short period in one place, and move on .

Each to his own

 

[tonyidle]

Spanner in the works time.
Feel very sorry for the op situation.
But, I specifically bought a Motorhome to get AWAY from towing a caravan, and chose a different style of touring .
Have never understood the concept of a motorhome and towing another motorised vehicle, other than a specific vintage or specialised vehicle for shows or racing etc.
If it was just to get about once on site into a local area, going back to a caravan would be my personal choice, with your already provided tow car.
The idea of motorhoming to me was to stay only for a very short period in one place, and move on .

It's not a spanner in the works - just you making assumptions about the needs of others. In my case use of the motorhome is mixed: there are times when I'm with a group of people that includes caravanners meaning I can be on the same site for a couple of weeks and there are times when we're on our own and only stay in one place for a day or two. Off-site transport needs vary depending what we're doing at the time so in the first case we take the car & in the second we don't. A car suitable for towing a caravan is very different from the one we have. We have only one car and it attracts zero RFL and returns on average 45mpg. Neither of those costs were the reason for choosing it - it simply suits our needs. I use a trailer to take it away with us.

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[Puddleduck]

That’s true , in my experience only about 5% of cases actually reach a final hearing in court.

You know better than me about the statistics Chris

I once sued in the small claims court and won. No solicitor involved on my part.

Martin sued an ex-employer and it got to the court door when they settled and paid costs - their Barrister said to us afterwards that it should never got that far as the employer was clearly in breach of contract and was trying bully tactics. Funny thing was that 10 years later Martin was hiring a new manager and the bullying ex-boss applied Guess who didn't get the job?

 

[Captain Yoghurtpot]

It's not a spanner in the works - just you making assumptions about the needs of others. In my case use of the motorhome is mixed: there are times when I'm with a group of people that includes caravanners meaning I can be on the same site for a couple of weeks and there are times when we're on our own and only stay in one place for a day or two. Off-site transport needs vary depending what we're doing at the time so in the first case we take the car & in the second we don't. A car suitable for towing a caravan is very different from the one we have. We have only one car and it attracts zero RFL and returns on average 45mpg. Neither of those costs were the reason for choosing it - it simply suits our needs. I use a trailer to take it away with us.

As I, and others have said,each to their own.
And I was only stating my personal preferences as moving from one mode of holidaying to another, and not intending to belittle anyone elses preferred choice of leisure.

 

[thebriars]

Years ago I saw a solicitor, he said you have a very good case but I can't guarantee you will win, can you afford to lose? I didn't bother going any further the otherside had very deep pockets.

Hence why it is worth having legal cover, say, on house insurance as I pointed out above. I was advised by them that they would take the case on provided there was a better than 50% chance of success. That includes whether the dealer actually has the money to refund, and as we know this is not always the case with many dealers going out of business over time. The solicitor did tell me costs could get as high as £10k if it went to court.

In the end, it got as far as exchanging solicitor's letters. I had an extremely good case that certainly would have stood up in court with plenty of evidence. I still ended up paying for some of the solicitor's costs, though not a huge amount. The real loser was the dealer. Had he done a deal with me and exchanged the caravan for a different make of new van, it would have cost him £2k at most. As it is, it must have cost him upwards of £8k. No doubt this loss was worth it to them compared to similar cases where the claimant backed off as others must do.

 

[sallylillian]

I would disagree with your statement as the dealer, remember this is not a private sale, has a ‘duty of care’ towards his customer. Just like he could not really sell a Chieftain Tank to a mobility scheme driver.

Doesn't the buyer owe himself a duty of care? Why does it always have to be someone else's fault. If the buyer did not get agreement in writing to his requirements then caveat emptor. So what about this tow bar he was going to get fitted after? Surely he asked the dealer for either a factory fit or dealer fit price to compare with third part options. I would and then if it was not possible a bell is rung or he has proof they know from that request. And remember this was a deal breaking issue. Something does not seem right here, we are missing a chapter.

 

[peterc10]

Doesn't the buyer owe himself a duty of care? Why does it always have to be someone else's fault. If the buyer did not get agreement in writing to his requirements then caveat emptor. So what about this tow bar he was going to get fitted after? Surely he asked the dealer for either a factory fit or dealer fit price to compare with third part options. I would and then if it was not possible a bell is rung or he has proof they know from that request. And remember this was a deal breaking issue. Something does not seem right here, we are missing a chapter.

I think if you read what the OP said in his previous post it was "I am certain I spoke about towing our car in conversation with the salesman". But nothing in writing as I understand it. So one word against another.

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[sallylillian]

I think if you read what the OP said in his previous post it was "I am certain I spoke about towing our car in conversation with the salesman". But nothing in writing as I understand it. So one word against another.

Exactly. However if he "spoke" to the salesman about towing a car surely the salesman would be offering the options he had in his bag, they are juicy addons.

 

[Minxy]

I've just read the original thread posts from the OP and there is no mention of towing on the COC so that 'may' be a bit of a get out clause as you don't usually get to see this until you've bought the vehicle.

Whether we'll hear what the outcome is to all of this I don't know but I hope so.

 

[HariSeldon]

I am
A little surprised that the OP did not clarify the weight of car that could be towed before purchase.

I previously owned a Bessacarr at 3850kg max load
, that had no towing capacity, this was stated in the brochure. There was an option to add a tow bar, with a small chassis extension that provided a good towing limit.

Perhaps that may be what is needed, the manufacturers tow bar accessory, if there is a possibility of an after market fitment ? Probably be some paperwork for the V5 and replating but here some compromise between purchaser and dealer could resolve the issue

 

[chaser]

I am
A little surprised that the OP did not clarify the weight of car that could be towed before purchase.

I previously owned a Bessacarr at 3850kg max load
, that had no towing capacity, this was stated in the brochure. There was an option to add a tow bar, with a small chassis extension that provided a good towing limit.

Perhaps that may be what is needed, the manufacturers tow bar accessory, if there is a possibility of an after market fitment ? Probably be some paperwork for the V5 and replating but here some compromise between purchaser and dealer could resolve the issue

Just one small thing, I know I have a devious mind and might be well off tack, but is it the towing thing that is the only reason he wants to send it back or just an excuse for buyers remorse, or seen one he would rather have and trying to go back on the deal.
Sorry if this offends and without further information I might be well out of order but I am sure the dealer will be thinking along those lines.

 

[thebriars]

Just looked back at the previous posting by donnkim and see he is buying a Chausson with a Ford engine, and it is an auto. Firstly, the brochure says that the dealer will give more information on towing weights. Secondly, donnkim has bought the auto version, and this is limited to towing 750kg either braked or unbraked, unlike the manual Ford. The CoC does give these figures.

Much depends on whether the OP can prove he told them he intended to tow, and what he was going to tow, though I do wonder why he did not get an explicit towing figure from the dealer before buying. If all this was done then, as I pointed out earlier, the CRA is quite clear, he has a right to reject:

10 Goods to be fit for particular purpose

(1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

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(3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.


However, just to add to the confusion, the Ford 350 skeletal chassis single cab 170bhp auto has a towing limit of 1800kg according to Ford. Wonder why the Trigano group say this is only 750kg????

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