sale and supply of goods act 2004

[jackthemondoe]

Any one out there mustard on this subject with regards to a new faulty mh 44k

[des8]

Re: sale and supply of goods act 2004

Hi and Welcome to LB.
I assume you are referring to a $44000 motor home, new and faulty in some respect(s).
If you post up more details you will get a response, perhaps tomorrow as it's getting late nowmashappy:

[jackthemondoe]

Re: sale and supply of goods act 2004

Hi and Welcome to LB.
I assume you are referring to a $44000 motor home, new and faulty in some respect(s).
If you post up more details you will get a response, perhaps tomorrow as it's getting late nowmashappy:

I bought a new motorhome may 2012 cash,has only covered 1800 miles many faults 70% from factory.
Unit has been back to factory for repair not all faults repaired more faults now present.
There has been 20 faults on unit,i have requested new replacement from dealer because I claim unit is not of satisfactory quality
with regards to the sale of goods act 1979 amended 2004 the sale and supply of goods act 2004.
This is documented with trading standards , many photos .
When you check caselaw this presents as a complex subject and would poss require a high court challenge in the mercantile court.
Not sure the manufacturer would want to risk there arm if this went against them there products could be affected.
Understanding that a recent case like this run up a 180k bill.
Its a dirty job but someones got to do it,been to high court before and got a kicking,to make it worst you have to bow and call them melord how does that work when you bin raped for money

[des8]

Re: sale and supply of goods act 2004

You've obviously examined your options and know that as your purchase is over 6 months old you have an uphill struggle.

Presumably you have sent a recorded delivery letter rejecting the vehicle and requesting a refund.
As the vehicle was purchased over 6 months ago you are unlikely to obtain a full refund and you will have to show the faults existed at the time of the sale and constituted a breach of the original purchase contract.
Are any of the defects which arose in the first six months of ownership, and were notified to the dealers, still present? If yes you probably have not lost your right to reject the vehicle.

Although there seems to be lots of protection afforded by Sale of Goods Act 1979 & Sale and Supply of goods Act 1994,I'm sure you realise any case at the level you are considering will come down to case law and I suspect you will need professional advice.

[Wombats]

Re: sale and supply of goods act 2004

What sort of faults were they? As Des has wisely asked, are any still present from the early days of ownership? Has the manufacturer admitted any sort of liability for any of the faults?

Also, are you sure against whom you need to make a claim as motorhomes are usually made up from two units with two different manufaturers, the base vehicle chasis and the living accommodation bolted on top of it?

[jackthemondoe]

Re: sale and supply of goods act 2004

What sort of faults were they? As Des has wisely asked, are any still present from the early days of ownership? Has the manufacturer admitted any sort of liability for any of the faults?

Also, are you sure against whom you need to make a claim as motorhomes are usually made up from two units with two different manufaturers, the base vehicle chasis and the living accommodation bolted on top of it?

Target dealer principle , there are still 7 warranties in force till may 2015 this includes the manufacturer of the van a uk based
company with a lot of history and a good balance sheet.
What backgrounds are people on this site ?.
I am self taught ,but mainly on uk planning issues that the reason for the RCJ visit against the SOS.

[des8]

Re: sale and supply of goods act 2004

[QUOTE=jackthemondoe;499927]
What backgrounds are people on this site ?.

As you would expect, from all walks of life.
As it states on the forum page: "Our users and team are all volunteers and give information and support without liability. If in doubt seek professional legal advice. "

[jackthemondoe]

Re: sale and supply of goods act 2004

[QUOTE=des8;499951]

What backgrounds are people on this site ?.

As you would expect, from all walks of life.
As it states on the forum page: "Our users and team are all volunteers and give information and support without liability. If in doubt seek professional legal advice. "

Me working class and do all the litigation homebrew,to the legal profession I am the anti Christ and will not be buying them
there next BMW.
Anti Christ because I have learnt the tricks the hard way,next move in 3 months libel case Birmingham high court 150k me no pay
win or lose that's how its rolls law and justice are worlds apart.
My case in high court judge ousley (top man) stated everything is your fault ,to late now come knocking with further info
your fault.
What I have learnt from this run up outrageous costs if you lose you have raped the other side then at the death sorry mate
no dollars I don't play golf and I don't no the funny hand shake or wear them silly wigs that's why I am the anti Christ.

[wales01man]

Re: sale and supply of goods act 2004

From what I can gather many of the members are normal people who are giving advice based on their own experiences some are more educated but all in all in a mix if those who have lived the problems and got the tee shirt.
Having armfuls of qualifications in one subject means you know that subject life has no qualifications just experiences .
I play golf

[Wombats]

Re: sale and supply of goods act 2004

I used to play golf when I lived near Sunningdale - it was pretty much compulsory. I had a good handicap - my clubs! I no longer play golf.

Like the others I find LB full of good, friendly people from all walks of life who are good enough to give up their own time to help others and maybe learn a little (or a lot) along the way.

[teaboy2]

Re: sale and supply of goods act 2004

When did you first realise the motorhome was faulty and when did you first write to the dealer informing them? and did you send recorded delivery or have proof of postage of letter informing the dealer?

was it bought via a hire purchase agreement, if so, did you notify the credit provider of the faults as well?

As for warranty, the EU says their should be 2 year warranty, where the seller/manufacturer most be given the opportunity to repair or replace the product prior to rejecting the product. Should they fail to so repair the item to satisfactory level or replace it, they are in breach of contract warranty. Same applies for extended warranties. There is also the aspect of reasonable period of quite enjoyment - But i can not really advise on the aspect without knowing when the faults first started to occur.

With regards to EU warranty - http://ec.europa.eu/consumers/ecc/co...ervices_en.htm

[Wombats]

Re: sale and supply of goods act 2004

Yes, having spent years motorhoming, I'm interested to know what the faults were as there can be 'petty' faults and serious faults, along with everything in between. Obviously the severity of the fault may have a bearing on any suggestions we may give.

[teaboy2]

Re: sale and supply of goods act 2004

Yes, having spent years motorhoming, I'm interested to know what the faults were as there can be 'petty' faults and serious faults, along with everything in between. Obviously the severity of the fault may have a bearing on any suggestions we may give.

Agreed, some faults can be down to lack of use, such as rusting exhaust, brake pipes, discs and condensation getting into the electrics. There's also faults that can occur due to standard wear and tear etc. So as you say Wombats, its hard to advise on the issue without knowing what the faults are or when they occurred etc.

[jackthemondoe]

Re: sale and supply of goods act 2004

When did you first realise the motorhome was faulty and when did you first write to the dealer informing them? and did you send recorded delivery or have proof of postage of letter informing the dealer?

was it bought via a hire purchase agreement, if so, did you notify the credit provider of the faults as well?

As for warranty, the EU says their should be 2 year warranty, where the seller/manufacturer most be given the opportunity to repair or replace the product prior to rejecting the product. Should they fail to so repair the item to satisfactory level or replace it, they are in breach of contract warranty. Same applies for extended warranties. There is also the aspect of reasonable period of quite enjoyment - But i can not really advise on the aspect without knowing when the faults first started to occur.

With regards to EU warranty - http://ec.europa.eu/consumers/ecc/co...ervices_en.htm

The van was purchased at the London excel motorhome show 2012 built 3 months later collected in may 2012.
Before I agreed purchase and handed over £1000 deposit I asked the manufacturer would it be a problem if I purchased a
unit from any of the dealers on their stand,told this wasn't prob take it to your local not the case,dealer 200 miles from Wolverhampton.
Two months later AA had to break into van unit self locked with both sets of keys inside probs with boxer vans nwhen batteries almost discharged due to the faulty bca panel.
Three months later combi boiler packed up dealer advised,list of faults as follows.
Present to date.
1)Dometic fridge delayed ignition/piezo ignitor faulty.
2)BCA panel burnt out can not use any equipment in habitation unit.
3)Drain pipe waste water external came off south somewhere
4)Habitation door does not fit close correctly.
5)2 x thetford locker doors do not close correctly /lock pulled out
6)sink cracked in wash room after factory repair on tap sloppy workmanship.
7)Radio/cd player cab aerial not connected quite a job dash dismantle not just pull out radio
8)engine management light on.
9)Fixed bed mat material absorbs water a known prob by factory.
10)Water collecting in roof space when you move van comes out external lower down behind drivers seat this is
on another unit utube strange water leak.
The van inside feels damp
11)The recirculation air vent for the truma boiler presents as to small not a safety issue only an advisory I am a gas safe engineer/electronic plus others.
Works undertaken back to factory repair.
1)Replace out of line door transfer
2)Adjust 40% of internal cabinet doors.
3)Replace washroom door warped.
4)Replace internal rear panel and upgrade location where fixed bed hydraulic ram fixes to.
5)Replace new faulty thetford toilet.
6)Replace repair faulty truma boiler.
7)Repair dometic fridge.
8)Adjust 2 x thetford external door lockers failed same day.
9)Adjust habitation door this is not right these doors are £2000
10)Replace lost hab door locker securing strap.
11)Fit missing led down light.
The factory removed shower and undertook other repairs corrections for damp I had not noticed.
Miriad the door supplier pointed out if the side wall panel MH has not been cut out correctly a new door will not work
the MH is 7.6 mtrs long over 5 for hab unit.
The unit was returned back to dealer sep 2013 got it back from factory apr 2014 top dollar customer service
My point would be in court this unit could never have been an A Grade wot looneys did the PDI checks on this scrap
I have upset the factory due to comments close the internal bar ,don't pdi from 500 mtrs,sell units for spares and repairs,
buy one get ten free.
At the very least they are legally bound to repair.
Bought unit for cash no hp,screen price 44k got it for 33k due to vat free wife disabled ,show/cash/no px forecourt price poss
33k today.
My concerns are a unit that as only covered 1800 miles which may have to have the side completely replace mess with the roof plus the rest of the jazz how much should a man take.
All documented trading standards with all photos which will prove faulty from new.
When I have studied case law on cars /motorhomes you have to be careful judge might stat this normal for that industry
that's why adopt position of anti Christ if I lose I will sting them for lots of dollars in costs this crew could resolve for 5k.
In high court there are no favours these QC judges are top of their game.
However should it go the distance there are many other costs what can be claimed which can run into many thousands.
What I hoped for from this site is tips how to ambush the opposition because I do not believe they will put their hands up
at first.

[Wombats]

Re: sale and supply of goods act 2004

Thanks for posting that list up. I've always had a golden rule of any sign of significant damp (even new ones will have tiny amounts - caravanners and M/homers will know what I mean!) then walk away.

You don't have this luxury, and worse, to repair the main issue would pretty much mean a rebuild which is madness for a vehicle of this age and cost. TBH, some of the repairs by the factory sound as though they have not been properly rectified and demonstrates a total lack of care.

How supportive are TS sounding? Their backing would be a massive help. There's the obvious issue of fitness for purpose and the expectation that things should last for a 'reasonable' length of time, even if out of warranty - clearly not the case here.

IMHO you've been more than reasonable. The legislation says you have to give them the opportunity to put things right and you've done this. It's hard to see how they can fight the arguments above, accompanied by the fact that you've been deprived of its use for extensive periods of time (just under a third of your total time of ownership).

I'm sure others will come up with other arguments to use and I'll have a little read around for you to see what I can find. I know how I felt when I was stung on my very first MH. I cannot begin to think how you must feel.