Know your rights

Discussion in 'Motorhome Chat' started by RockieRV, Feb 29, 2008.

  1. RockieRV

    RockieRV Deleted User

    There have been a couple of threads just recently regarding advice on problematic motorhome purchases and the legal issues, and court advice.

    I found the following article which may be of interest:


    'Do you think you’ve been had? Perhaps you bought a defective motorhome or accessory, or a campsite wasn’t as good as it looked in an advertisement.
    You may think you are due compensation. You may be thinking of going to court. If so, you need to be careful – not angry. First, follow our guide through the maze of claims, compensation, and court cases.

    Rule number one: going to court is your last resort. It will cost you a lot of time and money, and the outcome is often uncertain. So before you even consider legal action, follow the steps below – and remember that if you end up in court, your actions in these early stages may come back to haunt you

    On 31 March 2003 a European directive came into force and improved your rights. On that date the Sale and Supply of Goods to Consumers Regulations 2002 updated the Sale of Goods Act 1979 so that the seller now has to repair or replace your motorhome if it is defective. If this is impossible, too costly, or cannot be done in a reasonable amount of time, you are entitled to a price reduction. You are also entitled to return the van and get your money back. You have the same rights if repairing or replacing the van causes you major inconvenience. In short, you no longer have to rely on the dealer’s goodwill. Likewise, the courts can now force a manufacturer to live up to its guarantees and warranties. Changes last March included another important right, too:
    if a defect appears within six months of you taking delivery, the law assumes it was there when you bought the van, unless the dealer can prove otherwise. '

    The complete article is below:

    HERE
     
  2. Digger Driver

    Digger Driver Read Only Funster

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    Can i add the same Sale Of Goods act applies to open software policies used by PC suppliers!
    I bought a copy of Vista from PC World that claimed to do something it didn,t and returned it!
    They tried to fob me off with the company policy that says you cannot return open software!
    This is illegal. They are not allowed to do it!
    I contacted Consumer Direct who said if PC World did not refund me they would prosecute them!

    Consumer Direct
     
  3. Thepips

    Thepips Trade Member

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    Hi Rockie,
    It wasn't made clear in the Practical Motorhome article that not all of the remedies apply to secondhand motorhomes. I found the case No 1 particularly interesting. From that it confirms that unless you, the buyer, spot an obvious fault you might not have any recourse. The next time I'm buying from a dealer I'm going to go through everything with a fine toothcomb BEFORE I take delivery.

    Hi Digger,
    The supplier most definitely can refuse to accept back software that has been opened unless an expressly stated feature isn't there and you made the retailer aware of your requirement. The retailer would be required to replace a faulty disk but they'll only give you the same title. Otherwise unscrupulous customers would buy a piece of software, take it home install it and then take it back for a refund!
    Videos and DVDs are also exempted, I'm sure I could find the legislation eventually.
    I've been down this route as a supplier and successfully defended a claim that a sat nav application was not of merchantable quality. It was found that the claimant was unreasonable for expecting it to work exactly the way the claimant wanted. It materially did provide satellite navigation and that's what the customer bought.

    Regards
    Doug
     
  4. Digger Driver

    Digger Driver Read Only Funster

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    Hi Doug!
    Windows Vista claimed it could connect me to the internet regardless of service provider!
    I couldn't do it with T-Mobile!
    Consumer Direct told me if you have a valid complaint they cannot refuse a refund!
    Whether the product is open or not is imaterial!
    Thats from the horses mouth!

    She even highlighted your point about unscrupulous people and made the point that it is not a problem of the consumer and can have no bearing on legislation!
     
    Last edited: Feb 29, 2008
  5. Munchie

    Munchie Funster Life Member

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    That's odd. I'm running Vista and can connect my E61 through t-mobile.
     
  6. artona

    artona

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    Hi

    I think the E61 is a really good phone for internet connection Ken.

    I have used the info in this thread already today in an arguement I am having with T Mobile at the moment. The sold me a Touch phone that says will do HSPDA but it appears not to want to know. Be interesting what their eventual response will be.

    So far it has been to the section leader, the section manager, the customer relations team and tommorrow the T Mobile director's office for their final descision.

    Thanks for the tip about the Sale of Goods Act 1979

    stew
     
  7. Munchie

    Munchie Funster Life Member

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    Good luck Stew. Just a daft thought are you sure there is HSDPA where you are. It wasn't an issue when I bought the E61 as the coverage in most areas is scant.
     
  8. artona

    artona

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    Hi

    We tested the phone against another one. The other one was a vario III and that showed HSPDA. You might be interested to know you have to actually ask T Mobile to switch the facility on, it is not automatically there.

    I have an interesting collection of emails from T Mobile as we have explored this

    stew
     
  9. Munchie

    Munchie Funster Life Member

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    I bet you have. Be interesting to see if there will be an updated E61 when my contract runs out in about 9 months with this enabled on it?
     
  10. artona

    artona

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    Hi Ken

    It is already out with vodaphone

    stew
     
  11. Munchie

    Munchie Funster Life Member

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    Thanks I'll take a look. I prefer to stick with t-mobile tho. I know you are having problems with them but I believe their internet service is second to none. :BigGrin:
     
  12. artona

    artona

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    Hi Ken

    I would have agreed with you. As you know I introduced a lot of people to it when I started using their web and walk back in March 2006. This was before it was even advertised and when I mentioned on forums I was immediately shot down as being told me it was not possible :Laughing:I had to laugh when even T Mobile told me it wasn't and I was surfing the net at the the same time.

    T Mobile seem to have lost their way with 3G which is probably why they are buying out Three so they can improve it. It could be that it is good where you are Ken but I am refering to national coverage.

    This vodaphone card is excellent and at £15 a month for 3 gigs and then no further charges just a fair useage policy it has moved them ahead of the field. I hear they are teaming up with Orange shortly.

    I have long said that I think wireless connection is not the future but that mobile phone connection is and it is getting very close.

    Apologies to RockieRV for going off topic :Smile:

    stew
     
  13. Thepips

    Thepips Trade Member

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    You're absolutely right they must refund but you must have a VALID complaint. Not being able to get an internet connection working with T-mobile is not the fault of the operating system and is not legitimate grounds for rejection of the software.
    There was a big article in the trade press about a company refusing to accept Vista back because the customer couldn't get his legacy devices to work with it. The ruling was in favour of the retailer as the claim was unreasonable because the fundamental purpose of the software had been met.

    Doug
     
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