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Part Exchange


Noddy

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Hi all

I am new to this site having just read about it in Which Motorcaravan.

I wonder if I could be advised on what may be a problem.

At the NEC I ordered a new camper from Brownhills putting our current camper in part exchange and we were offered £15000 without them even seeing it. To cut a long story short the van we ordered has not been delivered within the time scale agreed on so we have gone for another which they have in stock.

My problem is that in February my camper was in good condition and no mechanical problems but it has now developed a gearbox problem.

Where do I stand?

I have visited Brownhills several times and as yet they have never wanted to view my camper??

regards

Martyn

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Guest peter
They certainly will when you take it in to them. Then they will screw you ridgid, especially if you've signed the sales order form. Unless of course they excercise their right to cancell the order. Which is probably on the small print.
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Thanks Peter

One thing that won't happen is that they will, in your words, "screw me rigid"! I have no problem with them cancelling the order but when the deal was done my camper was in GWO and 4 months later the gearbox has started to grate in 2nd gear(only started in the last fortnight).

I cant see they have a leg to stand on actually as I was led to believe that they would deliver my original order within 3 months and they failed to do so.

regards

Martyn

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Hi Michelle

Well I waited for 4 months without any contact from Brownhills whatsoever. We had the money in the bank from April onwards.

When I visited their site they did have the camper I had ordered in their yard. So I took a pic of it for good measure but told me it was for another customer.

They had every chance to view my camper which, gearbox excepted, is in good condition, with loads of extras.

As far as Im concerned they entered into an agreement with me and told me I could use my camper as much as necessary.

Btw I bought it from Brownhills originally and had to take them to court when the gearbox went before -I won that too.

regards

Martyn

 

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Guest peter
Don't know why you are asking for advice regarding this matter on here. As you are obviously well aware of your rights inasmuch as by your own admission you have already taken them to court previously. Your replies also bear this out.
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Well we will see Michelle - I will keep you all posted on what occurs. To be honest we "ummed and ahhed" about changing as ours has only done 24,000 miles and we can always spend a grand or so on a new gearbox and keep it. We were taken by surprise when we were offered £15,000 but subsequently have checked with other dealers and we could have got £17,000 in part exchange on a Lunar which looked good.

By the way is that really you in the pic-lol?

regards

Martyn

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Well Peter I was just wondering as this is a completely different situation.

I took them to the small claims court as my gearbox went after 4 years when it had only done 15,000 miles. It was out of warranty but I sued Brownhills on the point that it was a Peugeot Boxer chassis which, if it had been a commercial vehicle, would have done that mileage in 6 months! There is a law concerning Durability of Product which my vehilce did not meet.

I was under the impression that this forum was a good place to get advice?

regards

Martyn

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Guest peter
Don't get too excited Noddy. That picture of Michele is actually Hayley Mills :-D Michele really looks more like Dolly Parton. :D
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Martyn

You'll have to look at the order you signed when you did the deal.  I'd be very surprised if the whole deal isn't dependent on the condition of your trade in at the time they deliver your new van.  Of course you could continue using it, it is your van.  However, defects other than fair wear and tear would be bound to be excluded somewhere in the wording.  The only realistic way you could have secured it's value would have been to have handed it over to them there and then. 

I don't think it will matter a hoot what they said at the time, because you won't be able to prove it.  All that will matter is the words on the piece of paper with your signature on it.  If there is no such piece of paper, what deal??

Sorry!

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Noddy

 

Don't suppose you've had it checked to see if it's just the linkage playing up? I know you had problems before but it doesn't necessarily mean it's the same thing again.

 

As for Michele ... We're still waiting for a more recent picture but we're a bit afraid that Peter will get too excited by it as at his age he can't take it.

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Brian Kirby - 2007-06-20 7:32 PM

Martyn

You'll have to look at the order you signed when you did the deal.  I'd be very surprised if the whole deal isn't dependent on the condition of your trade in at the time they deliver your new van.  Of course you could continue using it, it is your van.  However, defects other than fair wear and tear would be bound to be excluded somewhere in the wording.  The only realistic way you could have secured it's value would have been to have handed it over to them there and then. 

I don't think it will matter a hoot what they said at the time, because you won't be able to prove it.  All that will matter is the words on the piece of paper with your signature on it.  If there is no such piece of paper, what deal??

Sorry!

Thanks BrianWhat happened was that I originally went firm on a Hobby Van at the NEC in February and paid a £500 deposit. At the time my van was in good working order and in good condition. I was told that the Hobby would be supplied in April/May at the latest and I could use my camper in the interim.After several trips to Brownhills to find out the SP they eventually admitted that they could not tell me when they could supply the Hobby. Apparently they are "Like gold dust and Brownhills have only one person allowed to contact Hobby direct". I then said I would have my money back and go for another at another company to which they said have a look round their vehicles. I liked the Hymer Van and decided to go for it despite it costing £5000 more!. I DID NOT SIGN ANY AGREEMENT although I have just checked the paperwork and there is a clause relating to vehicle defects not disclosed at the point of sale.Last weekend the gearbox started grating in 2nd gear not badly and by double declutching it does not grate.After dealing with Brownhills I became interested in how much other companies would pay in part exchange. There was a company that deals in Lunars which I liked the look of who would allow me £17,500 part exchange. If Brownhills kick up then I will get the gearbox fixed(£1200) and go to their competitors. My only problem will be in getting my £500 deposit back?Thanks anywayMartyn
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Noddy,

 

It may not just be £500 deposit you are risking because if you check the small print of their terms and conditions there may be a clause along the lines of if you fail to take delivery, they can sell the van on and claim any loss or costs from you. (There was in my last purchase agreement.)Whether they would or not is another matter. The amount of money potentially involved probably justifies you getting some professional advice. Perhaps you could start with your local Citizens Advice service?

 

Another possibility is that there may be a clause that allows you to terminate the agreement if the van is later than a set period - again one for some professional advice and it may get you off the hook.

 

I wonder if it is worth you making an appointment to see a manager at the dealer concerned to explain the problem openly and honestly and see if it can be resolved by mutual agreement. After all, they may offer to reduce the part exchange value by less than the cost of you repairing the gearbox so that they can keep the sale?

 

Bob

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Noddy- Could you please explain to me why you decided to order another van from Brownhills when the first one you had from them ended up with you taking them to court to settle a disagreement. Talk about being a glutton for punishment !!!!! chas *-)
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Chas-At the NEC they were the only ones who had The Hobby Van on show and as they gave me a reasonable part exchange offer so I went for it. The Court Problem could have happened with any dealer as they believe that once a vehicle is out of warranty that's their liabiliity over -wrong! Actually it was the vehicle(Peugeot Boxer) which was a problem and in this country the retailer holds responsibility rather than the manufacturer.

Martyn

Martyn

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Hi Noddy - I was just about to post the same question as Chas!

 

But seeing as you are now sort of locked in - I suggest you drain the gearbox oil, refill it with nice new synthetic oil. It is expensive but makes most noisy gearboxes quieter and is good for them - have a look at:-

 

http://www.difflock.com/cgi-bin/wm10/wm10_02606/st/ws20_9800/main/browse.cgi?final_pick=y&cust_cat=Oils+and+Fluids&cat_cat_max=&cust_id=50010130163&in_store=5001&cust_cat_index=11&pick_flag=y&setup_value=1&cleanup=n&item_id=DF442)

 

 

We have used this in a very rumbly transfer box in an old Discovery 200 tdi and were very impressed!

 

I never used to believe that anything sorted a crunchy rumbly gearbox other than a "new" one! - But having been convinced by a friend who had done it I am now equally convinced.

 

I have nothing to do with "Difflock" other than being a customer.

 

Hopefully then - all will be quiet on the day they assess it!

 

Hope this helps

 

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