Legal rights to reject. (1 Viewer)

[TUCANO]

An update for anyone interested, Campbells eventually agreed, after more than a year of complaining, to allow Signature Motorhomes to replace the damaged blinds and they paid for the work, £720

 

[deffyowner]

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period.
This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps.
You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction.

 

[deffyowner]

We reported a fault 6 days after picking up our brand new moho. We have now given the dealership 5 attempts at fixing it. The last time it is still at the dealership and they’ve had it for over 5 weeks this time all the way through the summer.
We have rejected the van and requested a refund but they have just ignored us.
What should our next steps be to obtain the refund?

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[peterc10]

We reported a fault 6 days after picking up our brand new moho. We have now given the dealership 5 attempts at fixing it. The last time it is still at the dealership and they’ve had it for over 5 weeks this time all the way through the summer.
We have rejected the van and requested a refund but they have just ignored us.
What should our next steps be to obtain the refund?

Go to a solicitor.

 

[Ingwe]

As peterc10 says, the next thing is to go to a solicitor who should prepare a detailed letter of claim. When you go, get all your documents in date order and if possible, make a short chronology with dates of specific events and, where appropriate, refer to any supprting documents e.g. emails to and from the dealer, the contract or invoice etc. Good luck.

 

[Wh05apk]

Time is now of the essence here, so back up what Peterc10 and Ingwe say, get to a solicitor asap and get things moving, the longer you dither, the less chance you have of a rejection, we rejected our first van after 5 weeks and it was sorted within a week or so, our second van - ironically a dethleffs, "fell apart" after 15 months, but we traded in for a good price (the dealer was aware of the issues, and the repair had been arranged)

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[Spriddler]

Hopefully you rejected it in writing and have documented the faults, dates, dealer visits etc. If not, do it now before you forget the precise details.

 

[deffyowner]

Hopefully you rejected it in writing and have documented the faults, dates, dealer visits etc. If not, do it now before you forget the precise details.

Yes we have. Thanks

 

[deffyowner]

As peterc10 says, the next thing is to go to a solicitor who should prepare a detailed letter of claim. When you go, get all your documents in date order and if possible, make a short chronology with dates of specific events and, where appropriate, refer to any supprting documents e.g. emails to and from the dealer, the contract or invoice etc. Good luck.

The problem we have is they say they cannot replicate the fault. So if they can’t replicate it they can’t fix it. This last 5 weeks it has only been at the actual garage 3 days but 300 miles has been put on the clock. The rest of the time they’ve had it in a storage facility.
Solicitors is an expensive option that I would rather avoid if there’s another way.

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[Lenny HB]

Solicitors may cost a few grand but you need to put it in context if you are getting 50 or 100 grand back.
One letter from the solicitor may kick them into touch so cost may be negligible.

 

[Spriddler]

The problem we have is they say they cannot replicate the fault. So if they can’t replicate it they can’t fix it.

What is the fault? In my experience there's as much and probably more hands-on expertise and knowledge on Fun of sorting motorhome issues than at any dealer's.

 

[deffyowner]

Solicitors may cost a few grand but you need to put it in context if you are getting 50 or 100 grand back.
One letter from the solicitor may kick them into touch so cost may be negligible.

They have just called me - after chasing them for weeks.
They are refusing to refund us as they cannot replicate the fault.
Does anyone know where we stand with this please?

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[Lenny HB]

If you rejected it within 30 days of sale I don't think they can refuse, outside of the 30 days it gets more difficult and well worth the cost of a solicitor.

What is the fault?

 

[peterc10]

deffyowner

You have now used up your 5 free posts. If you want to continue to post you will need to pay your subscription. It will be the best £20 you will ever spend on your motorhome.

As to their rejection, you now have three options

1. Accept it and live with it
2. Try to take them to court yourself. That will be very difficult given that the claim is too large to go through the small claims court. How is your legal knowledge? There are all sorts of pitfalls that could trip you up if you do not understand the law and the legal system. In any event it will be time consuming and very stressful for you. With some people it becomes an all consuming obsession.
3. Go and see a solicitor. Yes they are not cheap, but nor was your motorhome.

 

[vzac]

I had a brand new vehicle from them. During hand over I found a couple of minor issues, reported to them was told all vehicles have bits wrong with them, you just need to live with it, you can not expect it to be perfect, said if I am paying £60k I expect it to be right. Wife said to calm down it will be alright. So drove it out of the yard to get security fitted. When I went to pick it up from the security people they said you know your side repeaters are missing. Drove straight back to motorhome place told them they said they would have to order new ones. Told them not leaving without it being fixed. I made them go get them from another stock vehicle. Well 12 months later, and the vehicle still having 15 faults as identifed from the 1syt couple of weeks we had it and been in for repair 3 times. We sold it, bought second hand from somewhere else. We the public need better protection, and authorities to take action against these shiaters ( ps 2 of the big ones in Preston are Owned by brothers, for me both are as unscrupulous as the other, best go to another town/ city to buy). But good luck.

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[dulvil]

It’s funny that when you post a problem on fun people and dealers try to help.
When there’s a legal or rejection post no dealer comes along to help or tell the way forward

 

[Ingwe]

The fact that there is a fault, even though the dealer can’t replicate the fault, doesn’t mean that rejection isn’t possible or effective.

As I understand the position, you formally rejected the van (incidentally, the rejection doesn’t need to be in writing so long as it’s clear that the van is being rejected though of course it is harder to demonstrate this if it isn’t in writing and also, the 30 days rejection time limit stops running when the van is at the dealers when trying to rectify the fault).

I fear that, as others have posted here, the delay in getting a solicitor involved (I understand the poster’s reluctance to involve lawyers) may have muddied the waters to an extent as it may be less clear that you have indeed rejected the van if you’ve taken steps inconsistent with rejection.

Bearing in mind the cost of a van, the cost of instructing a solicitor seems to me to be relatively small, especially as you may recover all your costs as a result of the dealer‘s tardiness and apparent unwillingness to rectify the position.

 

[Captain Yoghurtpot]

How did you pay for your vehicle?
Does your bank not have any form of legal department or legal cover for you in disputes with transactions from your account(s)?
Just a thought.
Good Luck anyway. Hope you get it sorted.
Personally I hate shoddy service and poor attitudes.

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[timetochill]

Old thread was there an outcome?