Michael smith Posted November 16, 2012 Share Posted November 16, 2012 After spending just over £60,000 on our new motor home in July 2011 we soon found out all was not well. We have had 16 journeys back to the dealership and now the camper van has had to be taken back to the factory for major coach work repairs which will take three to four weeks. The factory is 130 miles away. I am asking for my money to be repaid in full as the van is still in its guarantee period. Any ideas on where I stand on this issue would be appreciated. Link to comment Share on other sites More sharing options...
Bulletguy Posted November 16, 2012 Share Posted November 16, 2012 Michael smith - 2012-11-16 2:23 PM After spending just over £60,000 on our new motor home in July 2011 we soon found out all was not well. We have had 16 journeys back to the dealership and now the camper van has had to be taken back to the factory for major coach work repairs which will take three to four weeks. The factory is 130 miles away. I am asking for my money to be repaid in full as the van is still in its guarantee period. Any ideas on where I stand on this issue would be appreciated. Bearing in mind another thread re. 'an unhappy customer', approach the company concerned, write to the company concerned telling them what you wish to do, and if that fails.......write again informing them that you will be seeking legal advice. Don't make any verbal communication.....only written and keep copy of everything. Link to comment Share on other sites More sharing options...
Tracker Posted November 16, 2012 Share Posted November 16, 2012 First seek advice on what exactly your rights are from your local trading standards and CAB (if you can get past their answering system) Then ask the supplying dealer, with whom your contract to supply is, for their views, and ask for them to put their views in writing for your legal advisers to refer to. Get the name and rank of everyone you speak to and record times and dates of all calls. That should get their attention! Try and keep it polite and objective at all times no matter how incensed you feel (I too would be feeling pretty incensed!) Link to comment Share on other sites More sharing options...
Bulletguy Posted November 16, 2012 Share Posted November 16, 2012 Richard IMO the phone is the worst thing the OP could use! Many years back I had an issue with what was then National Breakdown who failed to help when I had a major breakdown in Switzerland, despite being on full European cover. I ended up having to arrange my own recovery through a Garage in Zurich who took my car in and sorted it. Obviously it cost me and was quite a lot of money......£660 to be precise. On return to the UK...fuming like mad I told a friend of mine what had happened. He told me to start writing letters keeping copy of every letter.......and not ever to phone them. It was the best advice anyone has given me. Months went by as letter after letter passed between me and NB who argued I wasn't covered.....despite the proof staring them in the face!! But I never let go.....I just kept writing back demanding payment of the £660. One day I picked up an envelope which looked familiar. It was from National Breakdown and inside was a cheque for £660. I have a copy of the letter and cheque which I framed.....it sits here as a reminder! Link to comment Share on other sites More sharing options...
Tracker Posted November 16, 2012 Share Posted November 16, 2012 Bulletguy - 2012-11-16 3:08 PM Richard IMO the phone is the worst thing the OP could use! Fair enough Paul - you may be right? However in my limited experience of faulty goods of an expensive nature I have found that a polite and friendly phone call to establish just how the supplier feels is better at getting an amicable settlement than a letter which can so easily be seen as a threat? What do we all do when threatened? Clam up and go defensive, then maybe offensive and that does not often equate to a quick settlement. The aggrieved parties as ever will have to decide their own way forward. Link to comment Share on other sites More sharing options...
blackfingers Posted November 16, 2012 Share Posted November 16, 2012 Quote: 'we soon found out all was not well...' Given the above remarks, and that it is now 14 months (?) you've had the vehicle - I would suggest it is too late to reject the goods. I would have thought after a few months of ownership (and when you first discovered the van was not fit for purpose) would be the maximum time if you were after a full refund. Good Luck! Ian L. Link to comment Share on other sites More sharing options...
Bulletguy Posted November 16, 2012 Share Posted November 16, 2012 Tracker - 2012-11-16 4:14 PM Fair enough Paul - you may be right? However in my limited experience of faulty goods of an expensive nature I have found that a polite and friendly phone call to establish just how the supplier feels is better at getting an amicable settlement than a letter which can so easily be seen as a threat? What do we all do when threatened? Clam up and go defensive, then maybe offensive and that does not often equate to a quick settlement. The aggrieved parties as ever will have to decide their own way forward. Richard BIB is in an ideal world which unfortunately we don't live in! A letter shouldn't be threatening nor could it be seen as such unless intentional, which amounts to shooting yourself in the foot as nobody gets anywhere with an offensive attitude. Even though my anger had not subsided by the time I returned to the UK, I was careful to avoid venting off in each letter I wrote. It paid off in the end though oddly the cheque NB eventually sent me was more than the amount total I had had to pay out! Only about four pound odd over but it just showed what a mess NB were in when they couldn't even get that right! Obviously if it concerns only a few quid then I wouldn't bother writing letters....i'd either phone or go and speak direct. But this involves a £60k vehicle. If the OP's matter cannot be amicably resolved, unfortunately it would seem they will be in need of legal advice. Link to comment Share on other sites More sharing options...
snowie Posted November 16, 2012 Share Posted November 16, 2012 Hi Michael; sorry your first post is in these circumstances; Michael smith - 2012-11-16 2:23 PM After spending just over £60,000 on our new motor home in July 2011 we soon found out all was not well. We have had 16 journeys back to the dealership and now the camper van has had to be taken back to the factory for major coach work repairs which will take three to four weeks. The factory is 130 miles away. I am asking for my money to be repaid in full as the van is still in its guarantee period. Any ideas on where I stand on this issue would be appreciated. I think the key to this is....."we soon found out" and the fact that it has been back to the dealer 16 times without a successful conclusion will be well documented. I'd only say that a strong and polite letter from you before july 2012 might have been a good idea. I'd try Trading Standards and CAB. Good luck alan b Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted November 16, 2012 Share Posted November 16, 2012 Swift perchance? :D Link to comment Share on other sites More sharing options...
bolero boy Posted November 16, 2012 Share Posted November 16, 2012 JudgeMental - 2012-11-16 6:39 PM Swift perchance? :D objection - leading the witness! Surely we can just ask the open question 'which brand/model are we talking about' rather than just diving in with potentially inflammatory assumptions..........? Let's try and stick to the facts for once in a thread, shall we? Link to comment Share on other sites More sharing options...
tonyishuk Posted November 16, 2012 Share Posted November 16, 2012 Also take a leaf out of the solicitors book. Each letter sent must be worth at least £25, by the time you have read a reply, composed, written and posted a returning letter. Politely inform the dealer that you WILL BE recovering these costs independently from the repairs done. Rgds Link to comment Share on other sites More sharing options...
Brian Kirby Posted November 16, 2012 Share Posted November 16, 2012 Do as suggested above, and contact the CAB. You could also ring Consumer Direct, who will put you in touch with your local Trading Standards. Don't write anything to anyone before you have the advice of either or both the above. Your case will be complicated, because of the time that has passed. Trying to reject becomes progressively more difficult the longer after purchase it is attempted. However, you first have to know that the defects are there, you are not expected to be clairvoyant! One minor defect would not give grounds to reject, but a large number of minor defects would, over time, sap your confidence in the product, and lead you to the conclusion that it was indeed not of merchantable quality. In the meantime, I would assemble all records you have of your trips back to the dealer to get defects remedied. If you have nothing in writing, try to make a list of all contacts between you and the dealer, with dates etc from your diary/calender. You will need these to show the CAB lawyer, or TS, what has happened, so that they can advise accordingly. You may eventually need a solicitor who specialises in consumer law. Names may be available from either CAB or TS, but they will be unlikely to recommend. Forget the maker's warranty: it is totally irrelevant. Your contractor is with the dealer who sold the van, and it is the dealer who must put things right. It is the dealer you must deal with, having taken the necessary legal advice. Don't approach the sales staff, go straight to the top. Your case is extremely unlikely to be settled via the small claims procedure, the cost of the van is far too high. You will almost certainly be advised to pursue mediation or, more probably I would think, adjudication, before going to court. If pursued, this route will take a long time. It will probably, therefore, be better to seek to negotiate a satisfactory outcome with the dealer, than to "go legal" from the outset. I suspect face to face meetings will be required, and these should be noted, and the points of agreement and disagreement subsequently summarised in writing and sent to the dealer. All this helps to build your case, should things go that way. CAB/TS will advise you broadly what to expect in terms of compensation, outright rejection, or agreement to exchange the vehicle for another, possibly with some additional payment to account for the use you have made of it. That payment may be reduced by the compensation you should be able to counter-claim for loss of use. But, above all else, contact CAB or Consumer Direct as soon as possible, and take no further action before you speak to them. Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted November 16, 2012 Share Posted November 16, 2012 bolero boy - 2012-11-16 6:51 PM JudgeMental - 2012-11-16 6:39 PM Swift perchance? :D objection - leading the witness! Surely we can just ask the open question 'which brand/model are we talking about' rather than just diving in with potentially inflammatory assumptions..........? Let's try and stick to the facts for once in a thread, shall we? Oh come on Chris! Honestly! :-D ...Moi was just making a wild stab in the dark! :D My powers of detection are legendary Dr W ;-) Link to comment Share on other sites More sharing options...
sshortcircuit Posted November 16, 2012 Share Posted November 16, 2012 After 14 months and 16 visits to the dealer its now to go back to the factory for "major" coachwork repairs. Sounds like water ingress which would have been early noticed so why has it taken you so long ??? Take all the good advice above and hope for the best Link to comment Share on other sites More sharing options...
crinklystarfish Posted November 17, 2012 Share Posted November 17, 2012 Michael smith - 2012-11-16 2:23 PMAfter spending just over £60,000 on our new motor home in July 2011 we soon found out all was not well.We have had 16 journeys back to the dealership and now the camper van has had to be taken back to the factory for major coach work repairs which will take three to four weeks. The factory is 130 miles away.I am asking for my money to be repaid in full as the van is still in its guarantee period.Any ideas on where I stand on this issue would be appreciated. And here, unlike the frenzy created by the wanton and devious 'Murvi slur'. we have a case where it would be most useful to know what 'van we are talking about. Someone else may be about to blow their life savings and to suffer untold misery. You will need professional help. Just check your home insurance policy. Many have an included 'legal assistance' facility that they don't shout about, but to which you might have access. The very best of luck. Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted November 17, 2012 Share Posted November 17, 2012 Yep..Come on spill the beans, no use to members otherwise! :-( Link to comment Share on other sites More sharing options...
spospe Posted November 17, 2012 Share Posted November 17, 2012 Sadly, after such a long period of ownership, I think that legally you will be held to have accepted the van. Your willingness to make so many return visits to the dealer in order to have remedial work carried out will also support the view that you have accepted the van. Any attempt to reject a good as being unfit for purpose, in my experience, has to be made very early on and certainly not after over a year. Your willingness to give them another chance and another chance and another chance etc to put it right will work to your disadvantage. My best advice to you is to seek legal advice (Which? do a legal advice scheme for members, you have to pay, but the sum involved is small, have you thought about this option?) Good luck! Link to comment Share on other sites More sharing options...
snowie Posted November 17, 2012 Share Posted November 17, 2012 JudgeMental - 2012-11-17 10:49 AM Yep..Come on spill the beans, no use to members otherwise! :-( I disagree; I think the OP has done it just right. Airing the full extent of his dispute on a forum like this prior to attempting to resolve the issues in a way that will safeguard his investment of £60K is not the correct way to proceed. I wish him good luck, and other than a thanks for the advice I'd prefer not to hear any more until he has some resolution, then some feedback would be helpful to others in a similar position, alan b Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted November 17, 2012 Share Posted November 17, 2012 How is no information being forthcoming, doing anyone on here any good......Have just got back from bookies (20/1) so need to know! :D Link to comment Share on other sites More sharing options...
mike 202 Posted November 17, 2012 Share Posted November 17, 2012 Hi, you may not be aware but most household insurance policies have a legal advice section in them. I was under the impression that this advice was restricted to household matters, however my broker informed me that the legal advice was to me on any subject. So when I had a problem with my van falling apart after 3 months, I rang my household policy insurer and got good advice on how to go about rejecting the van. I did not inform the dealer that I had consulted the legal advice section, but used the legal advice on how to preceed in a pleasant manner and I achieved a satisfactory outcome. So bottom line - try your household legal advice telephone service. Hope this helps - mike Link to comment Share on other sites More sharing options...
Michael smith Posted November 17, 2012 Author Share Posted November 17, 2012 Well I was told not to say the make and dealer but I live in Poole and had to drive the camper 125 miles to the factory by Worcester. Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted November 17, 2012 Share Posted November 17, 2012 bless you..better run down the bookies before they shut! :D In all seriousness why have you let things run on so long...takes Kirbys advice and get onto citizens direct/ CAB and your household insurer, re legal help first thing Monday....and good luck! Link to comment Share on other sites More sharing options...
Guest pelmetman Posted November 17, 2012 Share Posted November 17, 2012 JudgeMental - 2012-11-17 4:34 PM bless you..better run down the bookies before they shut! :D Its not a Swift then Eddie ;-)..............how much did you bet? :D Link to comment Share on other sites More sharing options...
Guest JudgeMental Posted November 17, 2012 Share Posted November 17, 2012 pelmetman - 2012-11-17 4:45 PM JudgeMental - 2012-11-17 4:34 PM bless you..better run down the bookies before they shut! :D Its not a Swift then Eddie ;-)..............how much did you bet? :D AH HA! Moi an aficionado of spread betting!!! :D Link to comment Share on other sites More sharing options...
Mel B Posted November 17, 2012 Share Posted November 17, 2012 I think I know who it is ... but I ain't saying! :D Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.