Dealer Obligations Under Warranty (1 Viewer)

[CWH]

All you legal types:
What can a victim (customer) do when a dealer takes on so much 'other' work that they can't fulfill their obligations for repairs under warranty within a reasonable time?

 

[Deleted member 29692]

I guess the critical point there is the definition of "reasonable time." The seriousness of the warranty work needed might come into it as well perhaps?

 

[CWH]

Well, the top catch on our hab door is stuck in the locked position with the door open. We can sort-of close the door on the bottom catch, and lock it, but of course this means the door and hinges are twisting. They say they can't look at it till September.
Do we have the "right" to get somebody else to do the work and charge them for it?
(We're booked to do some Funster house/driveway-and-pet-sitting in a couple of weeks!!!)

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[DBK]

I would speak to them and say if they can't do it soon you will take it somewhere else and send them the bill. I suspect you will need to talk tough and if you have to go down this route be prepared to take them to court to get your money back. You also need to document every conversation you have with them and follow up your initial demand in writing, ensuring you keep a copy of everything.

 

[Deleted member 29692]

Well, the top catch on our hab door is stuck in the locked position with the door open. We can sort-of close the door on the bottom catch, and lock it, but of course this means the door and hinges are twisting. They say they can't look at it till September.
Do we have the "right" to get somebody else to do the work and charge them for it?
(We're booked to do some Funster house/driveway-and-pet-sitting in a couple of weeks!!!)

I don't know about the "right" but can you talk to them, explain you have to be able to use the van and see if they will agree to let someone else do it? Lay it on a bit thick, vital plans, impossible to change, nervous about sleeping it without being able to secure it properly and all that and see what happens.
If you just get it done somewhere else and expect them to pay you'll be on a hiding to nothing.
I suppose they will say that because the door can be opened and locked the van is usable and therefore 8 weeks or so isn't unreasonable. Not saying I agree just trying to think how they will look at it.
Either way you will be better off not going all guns blazing and pissing them off so they dig their heels in.

Another option may be to see if they can fit you in to just remove the broken mechanism if that means the door at least shuts properly and then book it in to have the new one fitted later

 

[Bailey58]

Ignoring the fact of our "understanding" CWH I don't think that September is reasonable when it is a security problem on an expensive piece of equipment that was purchased with the express purpose of using it, particularly in the summer. Is it not something Chris can tackle, alternatively another approved dealer for your model if not locally then possibly here in Norfolk?

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[Deleted member 29692]

I would speak to them and say if they can't do it soon you will take it somewhere else and send them the bill. I suspect you will need to talk tough and if you have to go down this route be prepared to take them to court.

1. You can't send someone the bill for anything unless they have agreed in advance to be responsible for it.
2. All tough talk and threats of court will do is piss them off and make them be as awkward as possible. I know. I used to do it, albeit in a different industry. They will let you spend the money issuing papers, string it out as long as possible and then a couple of days before the hearing offer you a slot to get the work done. If you refuse you're the unreasonable one.

 

[DBK]

This probably isn't the complete answer but it might help.

https://www.citizensadvice.org.uk/c...s/delays-in-carrying-out-work-garage-repairs/

 

[Deleted member 29692]

What's the make and model of your van? If it's a reasonably cheap part and an easy job you may be better off forgetting the warranty and just getting on with it yourself.

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[TheBig1]

chances are its only the lever come unclipped when the door has been closed with a thud. takes longer to take the inner panel off the door than fix the lock usually

 

[CWH]

Some very helpful responses here, and some useful ideas, thank you.
Fortunately we're not at the desperate or ranting stage, yet! We are talking to the dealer and they're not being unreasonable about alternatives at the moment, but I want to be sure where we stand if it all turns pear-shaped; not just in this instance, but in general as well. Part preparation, part curiosity.

When we explained our commitment the works manager did say "oh, a car's no use then?", which sounds hopeful I thought.
We've asked about the dealer paying for a local authorised service garage to do the work and one is going to have a look tomorrow, but they may not be able to fix it in time especially if they need to get a part in.
Unfortunately neither of us is technically any more competent than a raspberry jelly so DIY fixing-it is out of the question!
I like this idea:

see if they can fit you in to just remove the broken mechanism if that means the door at least shuts properly and then book it in to have the new one fitted later

Norfolk may well be a plan @Bailey58 .

chances are its only the lever come unclipped when the door has been closed with a thud

It would be really nice if this is the case!

 

[CWH]

@DBK a good link; as you say not the whole answer, but some useful pointers. Thank you.

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[TheBig1]

in reality most motorhome builders buy the doors in ready made, so there are a couple of variations. this means that once the door type is identified, typical faults and spare parts are easy enough to come by.

the description that only the top catch is not working but the lower is, indicates the linkage inside the door is adrift. often they just clip back together. you may not be competent at diy but anyone else with a bit of experience with tools would find it reasonably simple

better get it fixed quick too as just relying on the bottom catch will twist the door in the heat of summer quickly

 

[gus-lopez]

If they can't "fit you in " to repair a 2bob door catch you wouldn't want to be having a real problem with them would you ?

 

[pappajohn]

better get it fixed quick too as just relying on the bottom catch will twist the door in the heat of summer quickly

And of course theres the issue of security.
tell them in writing you hold them responsible for any theft, whether in use or in storage, as it cant be fully secured.
a gap at the door edge/top/bottom is an invite for thieving fingers to rip the door open bearing in mind a motorhome is made of plastic and foam...not steel like a car or van.

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[CWH]

If they can't "fit you in " to repair a 2bob door catch you wouldn't want to be having a real problem with them would you ?

In a way it's a bit like the who-gets-preferential-treatment-on-the-campsite thread; should we be able to jump the queue? In this instance I think yes, warranty repairs should take precedence over PDIs, hab checks etc.
To be fair they haven't actually SEEN the door to know exactly what the problem is.

And of course theres the issue of security

This has been concerning us PPJ, there is a clear gap/ lip all the way around. Thankfully it does still seem to be watertight though. It's certainly a point to be made next time we speak to them.

 

[gus-lopez]

.

This has been concerning us PPJ, there is a clear gap/ lip all the way around. Thankfully it does still seem to be watertight though. It's certainly a point to be made next time we speak to them.

I think you may well find that the insurance company wouldn't be happy & possibly wouldn't pay out if they realised that the vehicle , basically, cannot be securely locked.

 

[CWH]

Ah.

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[Bobby22]

I had warranty work done by an " approved workshop" no problem.....he got in contact with the supplier and filled in all the paperwork....job done.

If in doubt speak directly to the converter.

 

[CWH]

I had warranty work done by an " approved workshop" no problem.....he got in contact with the supplier and filled in all the paperwork....job done.

If in doubt speak directly to the converter.

Our contract is with the dealer ..... so not sure how this would work out? It may be an option though if the dealer won't play.

 

[Teasy2007]

Maybe you ought to offer to 'name and shame'.

You could point out to the dealer that you are a member of a very popular forum, members of which might be interested in their lack of support for your problem.

Ginny

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[CWH]

Maybe you ought to offer to 'name and shame'.

You could point out to the dealer that you are a member of a very popular forum, members of which might be interested in their lack of support for your problem.

Ginny

Mmm, we haven't got to that point. I'm just exploring what rights we have IF we can't get sorted. We'll see what tomorrow brings .....

 

[GAVLAD]

Depends on who the warranty is through.
My van was sold by a dealer who offers a 3 year warranty but that warranty is through the RAC.
In order for me to keep that warranty valid, I have to ensure its serviced, MOT & Hab service annually and this can be done at any approved dealer in the UK. Same applies to having any work done under warranty.
As long as the warranty company give authorisation for the work to be carried out for them to pay, it can be done at a dealer/workshop away from the original selling dealer.

I spoke with MB&G warranties regarding a motorhome I was going to buy privately where the owner said he was going to pass on the remainder of his warranty, but hadn't bothered with keeping up with annual servicing. MB&G told me that his warranty was null & void because of this and said that he could have taken the van to any approved NCC workshops/dealers for this and they would have accepted that.
So it seems that there are warranty companies out there that will allow you to have work done elsewhere.
I'd check your warranty paperwork as you might be able to go get the work done elsewhere but still keep relations with your selling dealer.

 

[Bobby22]

My warranty is manufacturers and may be different.

Certainly sounds like your dealer needs to pull the finger out.

Maybe an email higher up the chain of command?

Our contract is with the dealer ..... so not sure how this would work out? It may be an option though if the dealer won't play.

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[CWH]

Thanks @GAVLAD and @Bobby22 .
It's early days yet; as said, I'm just looking at what alternatives we'd have IF we don't get something sorted quickly enough for us.
We'll see what they can offer today after we've seen a local approved service company.

 

[Bailey58]

Any update on the lock @CWH? A picture of the problem may help. I've just looked at mine and I'm wondering how I would get to it if I had a similar problem, the inner panel encloses all the locking mechanism and can't see any fixings to even take the panel off. My neighbour's 04 Autocruise has a single skin door with a single central surface mounted lock with no access problems.

 

[CWH]

There's an "access panel" on the door and the local service guy has found that there's a spring that's gone. He's trying to get one from Swift but our dealer is also on the case to get one to him if he has one in stock.
Apparently Hartal will only supply an exterior handle; under warranty they expect Swift or whoever to replace the door! - when it's clearly repairable! Utter lunacy!

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[Deleted member 29692]

Glad you're making progress. Hopefully someone has the part and it's simple to sort now.

 

[The Wino]

Phone your dealer and ask them how soon they can fit a new awning if you order one if they say next week ask them why its such a long wait for your door!!!!

 

[CWH]

Things Are Happening.
I'll update when it's done.
If still sane.

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