County Court (2 Viewers)

P

phylymann

Deleted User
Anyone taken a MH dealer to court.

Just about to issue proceedings against Brownhills so any advice would help.
 
OP
OP
P

phylymann

Deleted User
For what reason? Daft question I know!!

Please set out the details.

Regards

Sorry that we drove passed your place and visited Canterbury...big mistake and many problems.

I am about to issue proceedings so will not go into all the details now, although I have put them up on the 'other' site ( although some time ago). the 'van is a 07 Ace Airstream 630EK.

Stephen

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peterandbetty

Free Member
Oct 5, 2007
0
0
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544
Exp
2
Must be all Brownhills bosses then because we had the same with the Cannock branch .We had to get trading standards in to speak for us .

Betty
 
P

PatM

Deleted User
Brownhills of Canterbury/ Swift/Warantees- Sue??

OMG!
I’ve just read some of the past posts- if you are reading this (it’s my first) and you drive towards Brownhills of Canterbury- Drive on!!! For God sake drive on!!

Paul Santos is no longer there- he left 3 months ago, but the intransigent after-sales team are- headed by Jeff Cole and backed up by the guys at Newark- which is actually an anagram of another word which describes them all.
I brought a BN Swift Suntor in late 2006- I guess it was their demo- it’s been a load of trouble- wiring, leaks, bowed winds, faded decals, In fact, it’s even locked us out one- causing us to call the RAC- it was 1 week old at that point. Never again.
I’ve just had to PAY £150 out to have the 2 windows replaced- as the large 2 bowed and were replaced under warrantee- with 2 of a different colour! Thankfully Swift saw sense- but even though, as the existing rear and Luton were NOT defective under warrantee- was changed for the replacement-correct colours now!!
Ive emailed this to the Caravan Club- hopefully it will be published to warn others- it might not, as both accused are advert-subscribers!:-

Changing colour glazed units?
We brought our new Swift Suntor from Brownhills Canterbury in September 2006 and it has been a regular visitor to their aftersales Team. One of the many faults was the side windows were bowed- scratching the side of the vehicle. We complained, they were replaced- with 2 off different colour. We complained aging; we got a letter from Swift saying ‘the manufacturers acknowledge variance in tint which will eventually sun-fade’. We realised with was hogwash- we had photographs that showed the vehicle when new-with brown windows- what was on it now were 2 brown and 2 grey! With the decals now sun-fading- it was beginning to look like a patchwork quilt- an old one at that!
Finally after 127 emails- we found someone called Jenney Holmes at Swift who agreed our case was extreme, given the huge list of pos-defects we reported and arranged replacement units- so at least they all match, but we have to say we are £150 down to Brownhills for fitting- which considering the grief- we are miffed, to say the least.
It’s worth noting that if you stick out with for what you believe is right, regardless of what the ‘European Manufactures’ state- you may get somewhere in the end, even though it might mean shelling out a bit more…!

Pat Morgan- Maidstone
01622 862673

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Henryhymer

Free Member
Nov 22, 2007
63
0
Funster No
896
I suspect Brownhills may be used to such things (wonder why I think that?) and will also have a lawyer so if you haven't already done so seek advice from your local citizens advice bureau. They will be able to advise best way to go about things and their advice is free. Their website adviceguide.org.uk offers some useful info.

Also the courts service have a website hmcourts-service.gov.uk which has some advice on it re small claims / county court. In some court areas they have someone who is able to advise you about the process but not all areas have this but worth checking out. It is really important to show that you have gone through al the reasonable measures possible to resolve matters (I'm sure you will have but obviously you need written records etc of what you have done). It is worth talking to CAB and if possible the local courts service to ensure that you have everything in place prior to registering your claim. You need to have a great deal of patience to go through this process and above all to show at all times you are acting reasonably.

Good luck
 

Peter JohnsCross MH

Funster
Deceased RIP
Jan 5, 2008
9,617
6,194
East Sussex
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1,134
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Autotrail
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1995
Hi Pat,

Sorry to hear the grief, but if you willingly paid Brownhills, up to a point, I do not think you have much of a chance.

If, just for arguements sake you had paid us or another garage, then it would be a different story had they then refused to reimburse you.

Not defending them in any way I can assure you. It might be better to get some free advice from Trading Standards or Citizens Advice first.

Regards

Peter
 
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OP
P

phylymann

Deleted User
I suspect Brownhills may be used to such things (wonder why I think that?) and will also have a lawyer so if you haven't already done so seek advice from your local citizens advice bureau. They will be able to advise best way to go about things and their advice is free. Their website adviceguide.org.uk offers some useful info.

Also the courts service have a website hmcourts-service.gov.uk which has some advice on it re small claims / county court. In some court areas they have someone who is able to advise you about the process but not all areas have this but worth checking out. It is really important to show that you have gone through al the reasonable measures possible to resolve matters (I'm sure you will have but obviously you need written records etc of what you have done). It is worth talking to CAB and if possible the local courts service to ensure that you have everything in place prior to registering your claim. You need to have a great deal of patience to go through this process and above all to show at all times you are acting reasonably.

Good luck

Many thanks for your advice, now have employed a solicitor to take this matter forward.

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M

michaelc

Deleted User
In answer

Hi, yes I took a dealer to court teh year before last, 1st I use the CAB who asked me to send two letters in their format to the dealer allowing two weeks for each letter for a reply which I did not get, then I had to take court action which I had to pay for upfront, 6 months later I got a court date, but as the dealer did not wish to come down to devon for the hearing it was delayed for 3 more months, day of hearing the dealer did not turn up and I won the case, Put the rub is that to get the court to inforce the action you need to pay again, it took 18 months to get part of the money back and god knows how many letters and phone calls, In the end I used an outside company to inforce the court order, it cost me 20% of the total and also court costs. You may have better luck with a larger company.
michael
 
Dec 4, 2007
282
17
worcestershire
Funster No
967
MH
Winnebago
Exp
20 years
Many thanks for your advice, now have employed a solicitor to take this matter forward.

It may pay you to take the case to court yourself and not use a solicitor, I do a lot of work in courts and if you seen how some solicitors act, so if you are using one make sure you know them well, dont just pick anyone.
Paul
 
P

PatM

Deleted User
Swift Suntor 590RS

Hi Pat,

Sorry to hear the grief, but if you willingly paid Brownhills, up to a point, I do not think you have much of a chance.

If, just for arguements sake you had paid us or another garage, then it would be a different story had they then refused to reimburse you.

Not defending them in any way I can assure you. It might be better to get some free advice from Trading Standards or Citizens Advice first.

Regards

Peter


Peter

Swift have recomended we try you guys, so I guess we will be seing you end of august for service !

Regards

PatM

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Road Runner

Free Member
Jul 26, 2007
1,143
1,445
Europe
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16
MH
yes
Exp
Since before Motorhomefun
This saga of problems with this dealer is appalling.

Why for instance do Swift put up with them ruining there good name?
 

des

Free Member
Oct 1, 2007
128
0
south staffs
Funster No
500
MH
RV
Exp
5 years
if you are taking any statements from others with you, they need to be in a particular form, called a "statement of truth". otherwise, document ignored by court.

des
 

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