Legal Advise Required

Discussion in 'Motorhome Chat' started by Bernieb65, May 7, 2013.

  1. Bernieb65

    Bernieb65 Read Only Funster

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    Hi can anyone help us, we bought our CI Carioca 706g last August and I should say naively as it was the first one we had ever bought. We have just decided to trade it in for another mh, when tested for damp etc by Todds mechanic our mh was found to have damp in many areas of the vehicle and it wash intend out to us that there were pin pricks already in the mh were it had already been tested and one area painted over to conceal damp. When we bought the mh we did not know to enquire about damp testing but we were never informed of damp or any testing having been done previously. Todds are now asking for us to pay an extra £5000 towards the new mh as they say it will cost this amount to repair our mh. I have contacted the firm we bought our mh from and informed them about the damp and how annoyed we are at being deceived by them when we bought it and what will they do, they were not impressed when I said I wanted £5000 refunding and I am still waiting for a phone call back today from them. Does anyone know what we can do as we feel that we have been sold something that is defective and not fit for use also they had hidden the fact the mh had damp. Any advise would be gratefully accepted. Thanks Bernie & Gill
     
  2. journeyman

    journeyman Read Only Funster

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    Sorry to hear this, I hope you can get this resolved. Some questions that spring to my mind:

    Was it under warranty?

    Was it supplied by the dealer with a full habitation certificate?

    The painted over area, I would suggest needs to be photographed by Todds and I would ask Todd's for a full written statement from their technician, laying out the faults he has found. This may be useful if you have to go to court.
     
    Last edited: May 7, 2013
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  3. haganap

    haganap Funster Life Member

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    Hi Bernie,

    Sorry to hear of your woes, but I think you will need more details.

    I take it you did not buy the van new?

    How long have you owned it without having a service done yourself?


    I doubt very much you are going to be getting anything back from the seller if you can not prove that you have had any services done to it.

    Probably not what you wan't to hear, but I will be truly amazed if the seller gives you anything at all if you have owned the van more than a year. I had some trouble with a CI, not to the extent you mention but found the importer useless. Ended up repairing myself.

    The other thing to consider is the accuracy of the check you have just had done? Has it been done for the purpose of securing more money from you to change?
     
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  4. Peter & Elaine

    Peter & Elaine Funster

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    We had the same problem no names but when we tried to PX the van damp was found we contacted our original dealer who denied any problem with damp check but could not or would not produce original report
    They offered to put van right but would have to wait 3 months for a slot in workshop so after massive rows and a threat of legal action we were left with 2 choices wait and loose the van we wanted or let the original dealer buy the van back 4 grand out of pocket we lost all faith in the van so sold it back
    This van we have now I made sure we had all service reports including hab check gas and electric and a 3 year warranty
    And no I won't post names publicly as I know others have had good service
     
  5. Chris

    Chris Funster Life Member

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    I agree with the above posts. I think though you have owned it less than a year though. Is that correct?

    Also dont assume it was the dealer who hid the defect, it may have been the previous owner.

    If you have had it less than a year though, the dealer might still be on the hook.

    Dont do any deal while this issue is outstanding.
     
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  6. haganap

    haganap Funster Life Member

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    Sorry yes, I just re-read the post. (thanks Chris)

    You have had the vechile less than a year, did you get a warranty when you bought the van?

    I think the fact you have had it less than a year changes the game.

    I would think the dealer may want to take the van back and look himself. :thumb:
     
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  7. haganap

    haganap Funster Life Member

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    May I also suggest a trip to Iplayer?

    See if you can download an episode of Dont get Done Get Dom, in this particular episode he attempted to get money back from swift for a defective caravan (damp)

    Trust me when I say, the law is well and truly in the hands of the dealers when trying to get money back from them.

    There was some great exerts from trading standards and the law. It really is so complicated to get round the "defective" issues.

    Although he got the owners a new caravan, it was clear that Swift would never of done this for joe public but only done it because it was a BBC programme.
     
  8. Bernieb65

    Bernieb65 Read Only Funster

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    Only bought the mh in August 2012 therefore not had a service yet. We did not buy the mh from a mh dealer, the seller owns a car dealership and was selling his own mh, so he said, we did not get a warranty nor a habitational certificate. He seemed so genuine telling us the mh had been his for a short period as he decided the lifestyle was not for him. When I rang the garage today I was informed that they had sold the mh for a friend of theirs. Our receipt for the mh is on headed invoice paper for car dealership TRG Holdings, Stockport so it shows its been sold through a business. Thanks Haganap for raising damp query by Todds, never thought they may be trying to get more money out of us, but you see soft areas in the wall by the door and garage. The mh does not smell of any damp, is that usually the case though. We are going to get someone else to come and damp test the mh and see if they say the same as Todds.
     
  9. haganap

    haganap Funster Life Member

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  10. hilldweller

    hilldweller Funster Life Member

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    Just in case Bernie does not know, treacle is a currently practising lawyer.
     
  11. Peter & Elaine

    Peter & Elaine Funster

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    I agree a good dealer will sort this out with no fuss but not all dealer have morals give them a chance first you may be surprised
    Google the dealer for complaints and reviews but be carefully in what you believe I think it was John cross on here commented every dealer gets a customer from hell that can't be pleased no mater what

    One last thing don't do my normal and get mad and rant it gets you nowhere
    Get mad yes
     
  12. Geo

    Geo Trader - Funster

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    Same as my Doc, I said Ill come back when youve qualified:Rofl1::Rofl1:
     
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  13. haganap

    haganap Funster Life Member

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    Sadly he is not a Motorhome Dealer.

    I have to say I think this could get real messy,

    Have you got the previous owners details? could you contact them and see if they had any hab checks done?

    How old is the vechile? doesn't look too old? It's possible that it could be under Manufacturers warranty, but only if the hab checks were carried out. Im sure CI gave 3 years maybe even 5 for water ingress.

    However, with my 3 year old CI, they would not entertain a repair because there was a hab check missing. :Sad:

    For me, the less restrictive course of action would be try to get a bit from the seller, and reduce what the buyer (todds) wants to charge you a bit and get a bit in yourself and learn from the experience, get rid and move on.

    If its soft as you say, then clearly looks like damp.
     
  14. Chris

    Chris Funster Life Member

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    It could be argued that he was still selling in the course of a business so Sale of Goods Act applies.

    Who was your cheque made payable to? If the dealership, you might be ok.

    If not and If this is deemed a sale between two individuals then to use a legal term you are knackered unless you can show that he and nobody else deliberately hid the defects.

    That might be extremely difficult to do.
     
  15. Bernieb65

    Bernieb65 Read Only Funster

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    Hi Chris, thanks for your reply. We paid for the mh by debit card, the transaction was made through his business TRG Holdings, the car dealership.
     
  16. Chris

    Chris Funster Life Member

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    Well that's good news. Remind them of that:thumb:
     
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  17. talaris

    talaris Read Only Funster

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    Treacle is correct. Selling in the course of a business gives you as a consumer something to rely on. Get advice from a solicitor or CAB before you do too much more. Take the receipt or debit card statement showing that and as much info you can get from the current dealer who wants it in px.

    People moan about the cost of lawyers etc but a few quid spent now on some quality advice and he correct couse of action may assist you. You will have to accept some outlay for professional advice initially to let you know:

    1. If you have a case
    2. The relative merits of it and
    3. What course of action to follow.

    Yes I am a practising lawyer and hopefully if I practice enough will get good.:thumb:
     
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  18. haganap

    haganap Funster Life Member

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    Although ,obviously you and treacle are both right, or should be, :Laughing:

    A word of caution is who your dealing with, maybe worth checking out first what sort of company you are dealing with in terms of finances and structure.


    Many a lawyer has performed spectacularly to get a result that never ends up as anything more than costing more money.
    I've spoken too and read countless stories of people and company's that have had judgements against them, several years later, and after several reappearances the consumer is still there with no money.

    In essence, it's one thing getting a judgment it's another getting the money. :thumb:


    Ask any good debt collector :Wink:


    If it can be sorted by talking, get talking armed with all the information you now have..

    Good luck and please let us know how you get on.
     
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  19. chaser

    chaser Funster

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    Sorry but in my suspisous mind , why are you selling after 6 months, it's not because you have found out its damp and trying to offload it is it.
     
  20. Chris

    Chris Funster Life Member

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    I always tell people that a judgement , like an injunction is just a piece of paper.

    Often it's only fit to wipe your @rse with.

    Your claim will be for less than 5k as well so it's a small claim and you won't get lawyers fees back.

    Go to a local, trusted lawyer and see what they say, that's my advive:thumb:
     
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