Problem with reputable dealer

[Richard n Ann]

I don't know why dealers create such hassle for themselves. It's much easier to do your job right and have friendly customers.
To give a full refund they're not losing anything

 

[7735]

I don’t quite see how the dealer was going to rectify the faults virtually overnight. Damp problems can take weeks to repair properly, everything has to be dried out first before anything else.
I am not an expert but I think the dealer would not have a leg to stand on in court, probably the first sign of legal action and you will have your money back.

Spongy

 

[mfw]

Dealers seem to wait for a buyer to put things right on a vehicle to spend initially on older vehicles is a waste of money far better if you find fault we will put right - that way they can save a lot of money - i honestly believe that a private sale vehicle that has been owned for a few years is a safer option than buying from a dealer the dreaded damp some dealers will just squirt some fresh mastic over problem which may be good enough for them as they get their top money and rid of vehicle but will it last

 

[pandas]

Dont think you will have a leg to stand on if dealer is prepared to put faults right

If you let him put it right and get independent person round to check it out and repairs are less than satisfactory you should then have a decent argument for refusing to accept vehicle

As I understand the issue this relates to a significant damp problem where it will be difficult to establish the cause, is not easy to dry out and will take a considerable amount of time. Unless the dealer sold it to you with a very clear note that it had damp - don't accept it and get your money back.

 

[thebriars]

I don't know why dealers create such hassle for themselves. It's much easier to do your job right and have friendly customers.
To give a full refund they're not losing anything

I think they work on the basis that many older people buy caravans and motorhomes, and that if they put up enough barriers people will accept what they are given and told and not pursue it further. This was the case with the cowboy dealer who sold us a new caravan. When we wanted our money back they simply ignored everything. Then once a solicitor was involved 3 months later they sent a really childish letter falsely claiming that the CRA didn't apply, and that "most of the faults were minor" (irrelevant in our case) and "they should be given a chance to repair it" (they'd already had their chance). Finally they realised our solicitor meant business, and they proceeded at the slowest possible rate.

Its clearly cost them in a number of ways, but they must think this approach worth it, and that can only happen if most give in and don't persevere.

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[busby]

If the bill came to £4,000, it must have been in a right mess at time of sale.

Name and shame.

If the bill came to £4000 i am afraid as old as i am The Dealer would be in a right mess and i would probably be in custody,,BUSBY

 

[138go]

Wonder which bit of the Sales of Goods Act 2015 the Dealer does not understand ..

Be of a satisfactory quality. Goods must be of a standard that a reasonable person would regard as satisfactory. Quality is a general term, which covers a number of matters including:
-fitness for all the purposes for which goods of that kind are usually supplied
-appearance and finish
-freedom from minor defects
-safety
-durability

In assessing quality, all relevant circumstances must be considered, including price, description, and your or the manufacturer’s advertising.



Perhaps he should put it in writing and send it Recorded Delivery that he is rejecting the vehicle as per the sale of goods act 2015 and telling them why. I don't think just telling them you don't want it will be a lot of good if they decide to fight and don't forget the 30 day rule.

Everything you do with these COWBOYS has to be documented

..

 

[thebriars]

Wonder which bit of the Sales of Goods Act 2015 the Dealer does not understand ..

Be of a satisfactory quality. Goods must be of a standard that a reasonable person would regard as satisfactory. Quality is a general term, which covers a number of matters including:
-fitness for all the purposes for which goods of that kind are usually supplied
-appearance and finish
-freedom from minor defects
-safety
-durability

In assessing quality, all relevant circumstances must be considered, including price, description, and your or the manufacturer’s advertising.



Perhaps he should put it in writing and send it Recorded Delivery that he is rejecting the vehicle as per the sale of goods act 2015 and telling them why. I don't think just telling them you don't want it will be a lot of good if they decide to fight and don't forget the 30 day rule.

Everything you do with these COWBOYS has to be documented

..

The Sale of Goods Act is an older piece of legislation. The latest legislation which came into force in 2015 is the Consumer Rights Act.

 

[27 TUG]

Hi don’t let them do the repairs get your money back because it a serious nightmare for the future Andy

 

[abforfun]

If this is all true why not name the dealer

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[MikeD]

If this is all true why not name the dealer

I think he needs to speak with a solicitor first.

 

[thebriars]

Might make any legal action in the future difficult.

 

[27 TUG]

Name them when you get your money

 

[thebriars]

Which is exactly what I will be doing with my cowboy dealer. They have until Thursday to pay up in accordance with the legal contract drawn up and the CRA. I'm not holding my breath though.

 

[Stand Off]

If this is all true why not name the dealer

Why would it not be true?

I asked on here on his behalf. Due to the very valuable feedback we’ve had, he wants to see how the dealer reacts. Don’t worry, I will name and shame.

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[138go]

The Sale of Goods Act is an older piece of legislation. The latest legislation which came into force in 2015 is the Consumer Rights Act.

Oppps ... Senior Moment .. At least I got the date right

 

[boxerdog]

name and shame

 

[pandas]

Going along to see the dealer has to say without a clear understanding of where you stand is a believe a disadvantaged position. You want to be able to look him in the eye with a very clear understanding of the law from YOUR perspective not theirs. Even though there are some excellent points being made here my counsel would be to take some initial professional advice. Another thought, could be the very same dealer is monitoring this forum so he will understand where you might be coming from! if so dealer get ready for a bumpy ride and remember what impact this single episode might have on any future business.

 

[Yorick]

Going along to see the dealer has to say without a clear understanding of where you stand is a believe a disadvantaged position. You want to be able to look him in the eye with a very clear understanding of the law from YOUR perspective not theirs. Even though there are some excellent points being made here my counsel would be to take some initial professional advice. Another thought, could be the very same dealer is monitoring this forum so he will understand where you might be coming from! if so dealer get ready for a bumpy ride and remember what impact this single episode might have on any future business.

Then kick him in the bollox

 

[DavidG58]

I am asking the following for a friend who is in need of some help.

I
My friend paid in full £26,000 for an auto trail motorhome

On the day he should have picked it up it had failed every conceivable test possible. For example the van was full of damp etc.

The dealer said he would fix all problems.

.

Morning

How did the ‘problems’ get identified to your friends?

If the dealer ‘found’ them and declared them is there a list?

Or did your friends take someone with them who identified them

The term ‘full of damp’ seems rather vague, if declared on a hab report do they know that 15-20% could be normal

Not in anyway defending the dealer here just feel we are missing a lot of detail

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[Southdowners]

On the day he should have picked it up it had failed every conceivable test possible. For example the van was full of damp etc.

The dealer said he would fix all problems.
.

It sounds as if the dealer carried out a habitation check prior to handover. What exactly did the vehicle fail on?

The fact that the dealership has said they will rectify all the problems makes me think that you should suggest your friend gets legal advice.

 

[138go]

It sounds as if the dealer carried out a habitation check prior to handover. What exactly did the vehicle fail on?

The fact that the dealership has said they will rectify all the problems makes me think that you should suggest your friend gets legal advice.

So according to this the Dealer can sell you a pile of junk and as long as he say he will fix it after you buy it thats ok.

2015 is the Consumer Rights Act.

Says that the vehicle should be FREE from minor defects ..

What this Dealer is doing is NOT bothering to fix anything on a vehicle they have Traded in UNTIL someone buys it and reports some faults. They then only fix the problems that are reported and can get round broken bits by just saying that it was Ok when it left the premises and perhaps the new owner was a bit heavy handed. This smacks of the Motor Dealers of 30 years ago.

They evidently felt obliged to tell him that it had failed a Habitation Check because they were going to have to give him the paperwork but they were expecting him to take it away and then take it back to be fixed along with anything else he found.

The fact he refused to take delivery has stumped them

..

 

[Southdowners]

So according to this the Dealer can sell you a pile of junk and as long as he say he will fix it after you buy it thats ok.

They evidently felt obliged to tell him that it had failed a Habitation Check because they were going to have to give him the paperwork but they were expecting him to take it away and then take it back to be fixed along with anything else he found.
..

You said it had failed on every conceivable test possible. What where the faults?

I would say that most motorhomes, new or pre-owned, have faults... I know ours has, despite costing six figures. It's how the dealership rectifies the faults that is important. If they put everything right and carry out a new habitation check I don't see the problem.

 

[pandas]

I would say that most motorhomes, new or pre-owned, have faults... I know ours has, despite costing six figures. It's how the dealership rectifies the faults that is important. If they put everything right and carry out a new habitation check I don't see the problem.[/QUOTE]
Damp is a very tricky issue and who knows how much it has effected the vehicle and the likelihood is by the description here may not be a quick fix. It could involve some 'major surgery'/rebuild to resolve unlike say a mechanical issue. Not something I would like to take on as a purchaser.

 

[138go]

I would say that most motorhomes, new or pre-owned, have faults... I know ours has, despite costing six figures. It's how the dealership rectifies the faults that is important. If they put everything right and carry out a new habitation check I don't see the problem.

Damp is a terrible problem to try and cure. Firstly it has to be dried out and then they have to try and find out where it is coming in. If they don't fix the fault then you are back to getting it dried out again. The other problem you have is knowing what damage has already been done. Manufacturers are not going to want to know on a vehicle this age. You also have to factor in the time and effort required to sort it and the length of time you won't be able to use it.

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[Stand Off]

Morning

How did the ‘problems’ get identified to your friends?

If the dealer ‘found’ them and declared them is there a list?

Or did your friends take someone with them who identified them

The term ‘full of damp’ seems rather vague, if declared on a hab report do they know that 15-20% could be normal

Not in anyway defending the dealer here just feel we are missing a lot of detail

When he went to pick up the van he took a caravan owning friend with him. They found the overhead lockers to be full of damp with puddles of water. Even i know that this more than 15-20%. And i’m thick.

 

[Southdowners]

Damp is a terrible problem to try and cure. Firstly it has to be dried out and then they have to try and find out where it is coming in. If they don't fix the fault then you are back to getting it dried out again. The other problem you have is knowing what damage has already been done. Manufacturers are not going to want to know on a vehicle this age. You also have to factor in the time and effort required to sort it and the length of time you won't be able to use it.

That is true. However, the dealership says they will fix it. If they can't then your friend might have a case.

The fact that the dealership feel confident they can rectify the problem makes me think that it can't be affecting the vehicle badly.

What where the other faults on the hab check?

 

[Southdowners]

I would say that most motorhomes, new or pre-owned, have faults... I know ours has, despite costing six figures. It's how the dealership rectifies the faults that is important. If they put everything right and carry out a new habitation check I don't see the problem.

Damp is a very tricky issue and who knows how much it has effected the vehicle and the likelihood is by the description here may not be a quick fix. It could involve some 'major surgery'/rebuild to resolve unlike say a mechanical issue. Not something I would like to take on as a purchaser.[/QUOTE]

The dealership are confident that the damp issue can be fixed. I doubt they'd embark on rectifying the problem if it was widespread.

The OP hasn't given actual details of the damp report.

 

[DavidG58]

When he went to pick up the van he took a caravan owning friend with him. They found the overhead lockers to be full of damp with puddles of water. Even i know that this more than 15-20%. And i’m thick.

I do wish your friend well, but unless we have specific details we can't help much further, other than going down the rejection route

If every over head locker had water in it there is no hope of that getting fixed, if only in one and if close to a poor aerial connection for example it might be easily remedied

I now wonder if this MH hasn't suffered from seller removals, so often I read about everything on the roof being removed before sale, just how careful would a seller be about resealing everything then the dealer gets the blame

 

[rosalan]

You said that your friend was a little naive regarding motorhomes but I remain surprised that even he did not notice actual water in the lockers.
£4000 seems a practical figure to rectify a damp problem but if the van has reached this state of deterioration, the problems could well be ongoing. Get professional advice! When dealing with large sums of money, they are relatively cheap and may also be able to claim back their cost from the seller.

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