Problem with reputable dealer (1 Viewer)

Stand Off

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

I am not well up on consumer rights so thought i would ask here.

My friend paid in full £26,000 for an auto trail motorhome from a very well known dealer. He is a complete amateur when it comes to motorhomes. 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.

After speaking to myself and my wife, he decided he no longer wanted the van and told the dealer he wanted his money back. The dealer said my friend would have to pay for the servicing and prep of vehicle. All in all, about £4000. The dealer suggested my friend should drive it away and put it on ebay.

I believe the van is not fit for purpose and he should be able to get a full refund , so anyone’s help would be greatly appreciated.
 

Armytwowheels

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Edit.

If it is not as described by the dealer I would have thought he should get his money back. Which dealer would advise they should resell on ebay? That's really bad.
 
Oct 29, 2016
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Sounds very strange, if the van had damp problems and other issues which made it fail the habitation test, then it was not suitable for sale, and your friend should not have been shown it until it was fit for sale, with all the service history docs made available.
I cant get my head around how the vans forecourt/Retail sale price was £26,000 when it wasn't fit for sale, in that there were service issues outstanding.
Any deposit paid, must be returned, especially as it had not been driven away by the customer and the balance paid to the dealer.
If it was on, or partly financed especially, Was the deposit taken on a Credit Card, if so let the CC company fight for the deposit back.
As others have said, name and shame this "reputable" dealer as I think they are trying it on!
Look forward to hearing more detail.
Les
 
Oct 30, 2010
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In my time in retail the goods would be described as 'Not of merchantable quality'.
In short that means that your friend, as long as he hasn't driven the vehicle away, is entitled to a full refund or he, or Trading Standards, should take the dealer to court if a refund is refused.
Now, I wasn't involved in the motor trade and I retired a few years ago so things may be different but I doubt there is much difference.

Under no circumstances should he allow the dealer to try and repair/bodge the van. Full refund or legal action.

Richard.
 
Feb 24, 2013
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Sounds like a really bad place to deal with

Has your friend now driven it away from the dealer, if not it sounds a slam dunk win, win for him, or at least full refund which will feel like a win (y)

If as I have a fear he has now taken it away things could get messy, even though they shouldn't, if they have suggested selling on a refund may take some getting :(

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Stand Off

Stand Off

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Sounds like a really bad place to deal with

Has your friend now driven it away from the dealer, if not it sounds a slam dunk win, win for him, or at least full refund which will feel like a win (y)

If as I have a fear he has now taken it away things could get messy, even though they shouldn't, if they have suggested selling on a refund may take some getting :(

They tried their best to get him to drive it away but he refused.
 
Oct 1, 2013
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normanandsue

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Just bought a new to me car from a dealer and they would not accept credit card payment, for obvious reasons. Would suspect all dealers would follow this practice.
 
Nov 10, 2012
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Just bought a new to me car from a dealer and they would not accept credit card payment, for obvious reasons. Would suspect all dealers would follow this practice.

I bought my last 2 cars (both new) on my credit card . The first time they said they may not be able to do this , but I said there would be no sale. They took my card . Same garage took my credit card with no hesitation the second time.
I was doing it for my John Lewis points.

Sorry didn’t mean to hijack your thread @Stand Off .
Hope your mate gets sorted ASAP. Things are so much more difficult when money has been handed over.

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138go

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138go

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I suppose that they must now read the terms and conditions of the Contract they signed. Perhaps a visit to a Solicitor for some FREE advice first. He slipped up by paying in full as they have his money. Seems to be the way a lot of the Dealers work. You go to pick up your purchase and the first thing they do is get the paper work out and say " lets just get this sorted and then I can show you round " . By doing the paperwork they are also implying of course that you are going to pay.

What you should do is complete the paperwork .. THEN go and have a look round the vehicle and have the handover AND then when you are happy you PAY while you have the keys to your purchase in your hands. That way any work that needs doing can be done there and then because they realise they are not going to get paid.
 

thebriars

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I suppose that they must now read the terms and conditions of the Contract they signed. Perhaps a visit to a Solicitor for some FREE advice first. He slipped up by paying in full as they have his money. Seems to be the way a lot of the Dealers work. You go to pick up your purchase and the first thing they do is get the paper work out and say " lets just get this sorted and then I can show you round " . By doing the paperwork they are also implying of course that you are going to pay.

What you should do is complete the paperwork .. THEN go and have a look round the vehicle and have the handover AND then when you are happy you PAY while you have the keys to your purchase in your hands. That way any work that needs doing can be done there and then because they realise they are not going to get paid.

The answer is to first check if you have any legal cover on your home insurance. I know of others that have stumped up £100 to join Which legal services. Its well worth it.

In any case, start documenting and photographing EVERYTHING, and make sure the dealer is aware you are doing this. Nothing unnerves them more when you sit there talking to them and making notes of everything you say. It also sends a strong message you are not going to give up on this.

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thebriars

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As I said above Trading Standards are a waste of time now. Ring them and you will be directed to Citizen's Advice who may or may not pass it on to them. The route to go is through the Consumer Rights Act. I am almost at the end of a 6 month saga of rejecting a new caravan and having to deal with a cowboy dealer.

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mfw

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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 independant person round to check it out and repairs are less than satisfactory you should then have a decent argument for refusing to accept vehicle
 
Nov 17, 2012
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Quite right don't take possession of the vehicle which is the first step. Then based on this being a £26k purchase don't try and get free advice just go to a solicitor and get good advice. I would suggest not going through the C&MC legal team as my minimal experience with them was a waste of time. Name and shame the dealer as long as you are very clear in your reporting.
 
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Dont think you will have a leg to stand on if dealer is prepared to put faults right
As I understand it you can reject it or give the dealer one time-limited chance to fix everything.

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