* WON * Campervan dispute...

[IainJames]

Re: Campervan dispute...

[MENTION=39710]des8[/MENTION] honestly I can't thank you enough for your help. Just to know that I'm not going mad and someone independent can see this for what it is. I bought this campervan for me and my son to enjoy days out. His mum and I recently separated and it was something positive for us in a bad situation.

[IainJames]

Re: Campervan dispute...

Have you tried these?
https://www.themotorombudsman.org/

apparently they are not accredited to the Motor Ombudsman. typical.

- - - Updated - - -

So they could be slightly biased and not want to lose business.

That was my point. The garage I used was an RAC approved garage, the dealership agreed to this garage being used.

[Onestepatatime]

Re: Campervan dispute...

They offer an RAC warranty so an independent ndependant RAC inspection should carry some weight as to any warranty provided by RAC.
Given what previous MOT failure has highlighted (good shout Des) then I'd say they'll back down and refund you for a quiet life.

[nochance]

Re: Campervan dispute...

How many owners whats the mileage how many miles have you travelled in it,this would be small claims arena if they have instructed grade A brief 200 dollars per hour
Watch out for any wasted costs orders if you litigate,expert witness in court costs of these are reduced for this arena but prob will not get back.
Have you got a PDI could you snag them on it,has it been gas checked,does all work in unit/is it safe .cpr 35 report is worlds apart from poor mans report.Mine sjt £1000 buff then second gas safe !300 - 500 if u goin to trade find out wot your exposure.
I prob the only person on this site is goin through the real deal at the coal face it aint easy no council DIY

[des8]

Re: Campervan dispute...

Don't worry about wasted costs as this will be allocated to small claims track and you need to act unreasonably to get hit by costs.
A Pre Delivery Inspection is meaningless.
Experts reports (as per CPR 35 very unlikely to be needed.

[Phaeton]

Re: Campervan dispute...

When you write to DVSA include the RAC report which I'm sure you will, it should not have passed if the brake compensator is seized, does your MOT have a 2nd page showing brake values?

[nochance]

Re: Campervan dispute...

When you write to DVSA include the RAC report which I'm sure you will, it should not have passed if the brake compensator is seized, does your MOT have a 2nd page showing brake values?

That is correct pdi does not mean much about what retailer has sold to consumer but disagree in my court case the factory and retailer did
not pdi new unit how can they defend claim .
I agree small claims SJE will not be involved but then what side is
fair .
The op should think have they done any wrong if they check case law
you can not conpare second hand to new /compare products
and all that jazz courts of appeal banger against rolls royce
different animals county court prob deputy district lower values
no big deal.

[des8]

Re: Campervan dispute...

That is correct pdi does not mean much about what retailer has sold to consumer but disagree in my court case the factory and retailer did
not pdi new unit how can they defend claim .
I agree small claims SJE will not be involved but then what side is
fair .
The op should think have they done any wrong if they check case law
you can not conpare second hand to new /compare products
and all that jazz courts of appeal banger against rolls royce
different animals county court prob deputy district lower values
no big deal.

I'm sorry [MENTION=107332]nochance[/MENTION] but you keep dropping hints about your own problem on other peoples' threads .
It would be better if you kept to your own thread and not confuse others with irrelevant remarks

[IainJames]

Re: Campervan dispute...

They offer an RAC warranty so an independent ndependant RAC inspection should carry some weight as to any warranty provided by RAC.
Given what previous MOT failure has highlighted (good shout Des) then I'd say they'll back down and refund you for a quiet life.

sadly they don't want a quiet life.

- - - Updated - - -

How many owners whats the mileage how many miles have you travelled in it,this would be small claims arena if they have instructed grade A brief 200 dollars per hour
Watch out for any wasted costs orders if you litigate,expert witness in court costs of these are reduced for this arena but prob will not get back.
Have you got a PDI could you snag them on it,has it been gas checked,does all work in unit/is it safe .cpr 35 report is worlds apart from poor mans report.Mine sjt £1000 buff then second gas safe !300 - 500 if u goin to trade find out wot your exposure.
I prob the only person on this site is goin through the real deal at the coal face it aint easy no council DIY

I drove less than 75 miles in it. Probably less than that.

- - - Updated - - -

so on Friday I get this from their legal people... I can only assume now that my next option is MCOL

"We confirm receipt of your email of the 07 December 2017 and note the contents of the same.

We can advise that our position as per our previous correspondence of the 07 December 2017 remains unchanged in that, We would aver that in relation to the fuel leak of which you alleged, the independent third party garage which our Client elected to complete the inspection on the Vehicle could not find any such leak. The independent third party garage left the Vehicle running for an hour whilst on an inspection ramp and concluded that they could not locate any fuel leak.

We would aver that in relation to the items of which our Client repaired, the independent third party garage concluded that these faults were not present at point of sale. We note that our Client was not liable for these faults however as a gesture of good will our Client repaired the items.

For the avoidance of doubt we can advise that you have no grounds upon which to reject the Vehicle, as the independent third party report confirms that there was no leak located with the Vehicle.

As previously stated in our correspondence of the 04 and 07 December 2017, please can you confirm when our Client can transport the Vehicle to you.

Please ensure that all future correspondence are sent directly to this firm.

We look forward to hearing from you.
Yours sincerely"

[IainJames]

Re: Campervan dispute...

do you think I should get them to deliver the van back whilst this goes through the court process.

[IainJames]

Re: Campervan dispute...

When you write to DVSA include the RAC report which I'm sure you will, it should not have passed if the brake compensator is seized, does your MOT have a 2nd page showing brake values?

It does actually. I'll scan it and upload it tonight.

[des8]

Re: Campervan dispute...

Have you reported this to the DVSA yet?
The problem is that if they keep the van they may repair it in the meantime, but generally I would not accept the van's return.

Could you name and shame the dealers and their legal team please?

Usually, I would remind them that you rejected the van due to faults which were discovered by the agreed independent RAC inspection.
These faults were numerous, and some so extensive as could only have been present at the time of sale.
In fact some of the faults had been the reason for the van's MOT failure in Sept 2017 and were still present when the van was given a pass certificate.
The vehicle was clearly unsatisfactory and as they are refusing a refund they should accept this letter as notification that you are about to initiate a county court claim against them.

[IainJames]

Re: Campervan dispute...

Have you reported this to the DVSA yet?
The problem is that if they keep the van they may repair it in the meantime, but generally I would not accept the van's return.

Could you name and shame the dealers and their legal team please?

Usually, I would remind them that you rejected the van due to faults which were discovered by the agreed independent RAC inspection.
These faults were numerous, and some so extensive as could only have been present at the time of sale.
In fact some of the faults had been the reason for the van's MOT failure in Sept 2017 and were still present when the van was given a pass certificate.
The vehicle was clearly unsatisfactory and as they are refusing a refund they should accept this letter as notification that you are about to initiate a county court claim against them.

Hi @des8, the DVSA report is going in today actually.


The dealership is called Swale Auto Sales:

https://www.swaleautosales.co.uk/

The legal people are Legalsolutions4u

Thanks again for your help and advice.

[des8]

Re: Campervan dispute...

Their legal team are so good they include this disclaimer on their website:
Legalsolutions4u is not a regulated law firm and as such is not regulated by the Solicitors Regulation Authority. The website is not intended to create a solicitor-client relationship and by using this website no solicitor-client relationship will be created with Legalsolutions4u. Instead you are representing yourself in any legal matter you undertake through the websites services.

I would send all correspondence to the trader, not their "legal team" as according to the website they are representing themselves.

I note the trader's website also states " vehicles undergo RAC 53 point vehicle preparation check , for complete peace of mind"
You might like to let RAC know what you think of the way that check is carried out.

[Amethyst]

Re: Campervan dispute...

Sorry slight sidetrack here - this Fred Graham t/as legalsolutions4u - is the letter

.....so on Friday I get this from their legal people....

actually FROM them - acting on behalf of their client ? is it an email or on headed paper?