Just WHO is resposible for repairing a faulty MH

Discussion in 'Motorhome Chat' started by Humsafer, May 30, 2016.

  1. Humsafer

    Humsafer Funster

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    I have been trying to make sense of the new consumer rights act and to be fair have always believed that the contract is between the Purchaser and the Dealer. The manufacturer is well out of it. However I have read that if the MH is on Hire Purchase, and I assume many are, then the contract, is between the HP company who in theory have purchased the MH from the dealer and now hire it to the purchaser until the final payment is made. It is then the responsibility of the HP company to ensure faults are corrected. Naturaly they don't have a workshop and a little man to fix it but they can bring a lot of pressure to bear on both the Manufacturer and the dealer if things are not going right for you the purchaser. Are there any Legal Eagles out there who can shed light on this.
     
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  2. Brightspark

    Brightspark Funster

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    You are absolutely correct concerning the relationship between the customer/dealer/HP company. In my previous life I was an accounts manager for a national finance company dealing solely in motor vehicles. A finance company can only get involved once notified in writing by the customer who is named on the agreement, and in my experience will only get involved with serious defects not 'niggley' issues that do not stop the vehicle from being used. They (HP Co) would advise the customer to write to the dealer detailing all ongoing defects that have not been rectified, giving them 10 working days to resolve. This is a standard process for any complaint with a company providing a product or service. A copy of the letter should be sent to the HP company. They would then act as an intermediary between the dealer and the customer. It is in every bodies interest to amicably resolve the issues and for the customer to continue with monthly payments. It is quite a natural feeling for the customer to stop payments, but this would show as missed payments on thier credit rating. Hope this helps.
     
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  3. maxi77

    maxi77 Funster

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    As pointed out the finance company has a liability and in the end if the retailer defaults can be obliged to rectify things themselves. Perhaps the best cause of action is to write to the retailer detailing what is required to rectify your problems with a copy to the customer services department at the finance company and make sure the retailer is aware this is what you have done. The retailer of course has the option on calling in his warranty from the manufacturer and obliging them to carry out the work. He cannot in law expect you to do this for him.
     
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  4. Humsafer

    Humsafer Funster

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    Thank you for taking the trouble to answer so factually, these answers are very significant and may explain the treatment I received from Swift many years ago. I had brought a new Bessacar from Brownhills and was plagued with some serious faults, which Brownhills couldn't or wouldn't fix. I wrote to Brownhills with copies to Swift and Blackhorse requesting my money back in full. Swift rang me up, asked me to bring the vehicle to the factory, explain the problems which would be fixed. They loaned me a hire car FOC to return home in and to keep until the vehicle was ready. Some years before that I had been advised to always take out some HP on any motorhome I ever purchased, even if I could afford to buy it outright. Naturally I would never go to the manufacturer or Finance company with minor niggly problems. Most dealers seem only too eager to sort these out. But there comes a time, when even they cant solve the issues.
     
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