# NEW motorhome not fit for purpose



## uphighlandway (Dec 16, 2010)

I have a brand new motorhome delivered. The battery light was on when I switched on and so it went off on the back of a recovery lorry to the Fiat garage which has ordered parts from Italy & which has already taken 2 weeks so we cannot use it until the parts arrive. The cab front window blinds do not have a magnet in so will not close, the single seat which should form a single bed is not usable with the carpet down as the base only pulls out on the bare floor level, so I have to take up the carpet if we want to use it. The habitation door lock does not work on central locking and the the barrel just goes round and round if I use the key. There are more items wrong with it as well!!
My question is: As I have not driven the vehicle except back from the Fiat garage, what LEGAL rights have I got to get a replacement vehicle from 1. The dealer and/or 2. The motorhome maker (a European motorhome factory)? What compensation can I claim (have to take it back to the dealer for faults to be corrected) and where do I go to get the legal action? We have had several friends visit us who were expecing to go away with us in the mh and had to go in our car instead and return home everyday instead of staying out and continuing the tours. You help and advice will be very appreciated. Thanks


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## Stanner (Aug 17, 2006)

uphighlandway said:


> from 1. The dealer and/or 2. The motorhome maker (a European motorhome factory)?


Your contract is with (and only with!) the dealer.


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## GEMMY (Jun 19, 2006)

What is the make and model.?

Why delivered and not collected, so you could check the vehicle.?

tony


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## Pusser (May 9, 2005)

Déjà vu. An industry that really needs to get its act together. How does a vehicle like that come out the factory in that condition. How does a vehicle like that get through the pdi at the dealers.

Well obviously, no one gives a sh*t


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## Spiritofherald (May 18, 2012)

I suggest getting proper legal advice. There are many people on the forum who can give advice, sometimes based on personal experience, but none of this will have any standing if things get bad and you have to take someone to court. Getting good advice as soon as possible is, in my opinion, critical to a successful outcome.


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## Penquin (Oct 15, 2007)

Totally agree - get professional advice URGENTLY.

Dave


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## tony50 (Oct 16, 2007)

As already said you should only deal with the dealer under the Sale of Goods act ie.not fit for purpose it's his or hers responsibility .Perhaps you do need professional advice but who is capable of this I could not advise.
As regards to condition they supplied it in it does not surprise , one dealer said to me if you get any problems we will sort them out which implied to me we ain't checked vehicle ,so you check and make a list ,which I did! If it was a new car you would not expect problems right away ,but physiologically we all expect there to be faults, the industry is rubbish.

Tony A.


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## nicholsong (May 26, 2009)

I cannot over-emphasise my support for the above posts about getting legal advice. I am a lawyer, but specialised in aviation law, so my knowledge of Sale of Goods is very rusty and outdated. If I had those problems myself I would be going straight to a specialist law firm with instructions to initially 'hit hard'

You are obviously unhappy with the vehicle in general so ask for advice on 'rejection' of the product.

The industry must learn to improve.

Good luck in resolving to your satisfaction.

Geoff


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## uphighlandway (Dec 16, 2010)

Thanks to all for your replies, much appreciated. I will seek a specialist in the correct branch of law and hope the firm can get it sorted for us.


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## Pard (May 1, 2005)

The fact that the carpet obstructs bed-making might be a challenging one to argue if, as I'd guess, the addition of the carpet could be a UK-only extra, even if specified by dealers. Euro motorhomes aren't always designed with carpets in mind... One of the many little things to check before you buy.


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## uphighlandway (Dec 16, 2010)

I would have thought that if the mh has carpets to put down, all items should not be impaired by having them on the floor. At the very least dealers should tell you this BEFORE you unroll the carpets and put them down. No wonder they were left rolled up in the garage part!!


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## cliffhanger (Jun 27, 2008)

Oh yes, another Brownhill's motorhome, I've had the pleasure of one of those.

MAC 8)


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## Mark993 (Jul 1, 2007)

Let us know how you get on, the industry really does need to know this is completely unacceptable.

Sorry you have had this depressing start to a new MH.


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## Tucano (Jun 9, 2006)

I am assuming this is your first motorhome and unfortunately your experience is far from unusual with new vans.
I spent the best part of 18 months getting my first van sorted to my satisfaction but when I subsequently sold it the new owner was delighted :lol: 
You will eventually overcome the problems and get to enjoy your new van though so persevere and don't let the bs get you down.
In a perverse kind of way I got to enjoy the hastle I gave my dealer :lol: 
Norman.


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## GEMMY (Jun 19, 2006)

Why did you accept the vehicle after checking it out before driving away.

tony


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## rosalan (Aug 24, 2009)

I am not in any way an authority but I do believe that in the first instance, the dealer should be given the chance to put things right. Has this happened yet?
In the 'if only I had known before' scenario, I would never use the dealer again. The PDI was their chance to rectify any manufacturers shortcomings, an area they seem not to have fulfilled successfully but for the foreseeable future you are stuck with them and (pre any legal claims) you may be dependent on their goodwill to get things sorted quickly. So please keep a cool and clear head before lashing out, and like has already been said, get some sound authoritative legal advice before making any statements to the dealer that could make life more difficult for you in the long run.

Good luck

Alan


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## harveystc (Sep 20, 2008)

*new motorhome not fit for purpose*

Hi,First of all,as said before why was it delivered and did they give you a proper tour of the vehicle,because it sounds as though you did not try the blinds or the bed,and if it was delivered by road the light was on then,so did you have to sign for it or pay for it on delivery,it should have been rejected on delivery.tell us all the info then the help will come,before you start to get legal advise as an ex car dealer the law allows the dealer to rectify any problems,so wait and see what they can do for you perhaps it would be good to ask for some kind of compensation i.e be it some type of extra that you need,do not lose your temper as this will get you nowhere,i know it is not nice to have this happen but its the delivery bit that i dont understand if you had collected the light would be on and then you dont take delivery that would have been a very strong message,the van still in their premises and most people would not pay the balance,lots of motorhomers are very quick to jump on the dealer and yes the Pdi was not good but you have to deal with them so it is better to be firm but not with anger,put every thing in writing keep a copy,and get names of the people you deal with,motorhomes are a nightmare for some and not others,so keep on at them to get it done so they know you are on their case,i am sure you will get all the help on here regards H :roll:


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## Pusser (May 9, 2005)

rosalan said:


> I am not in any way an authority but I do believe that in the first instance, the dealer should be given the chance to put things right. Has this happened yet?
> 
> Alan


 On the one hand I can see where you are coming from but on the other hand one would need to consider the following.

Do you want to ever deal with a company that first of all accepts faulty stock, then either checks it and knows there is a problem but still sells it or can't be bothered to do a PDI and sells it.

We are talking carpets and door locks here but quite obviously the safety checks would not have been done and if they have been done, how come the other faults were not noticed.

You have to rely on these people for gas safety in particular, not to mention engine issues and brake issues and poisonous gas issues.

I don't actually know what I am talking about re tech stuff but assuming I am a half wit, even I can see this is just not simply a matter of a mistake.

Not having a go. Just another view


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## mendit (May 29, 2011)

Did I miss the make and model and dealer somewhere read it again 
This would be of interest also


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## Suenliam (Mar 22, 2006)

Your Trading Standards Department (or whatever they call themselves now) can give you professional advice on Sale of Goods etc. and it's free. Thereafter you may wish to take it further with a lawyer.

Sue


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## Philippft (Feb 16, 2008)

There have been other post on this subject which I would recommend you read before seeking legal advice. 
I think you would have a problem trying to get a refund on the basis the motorhome is not fit for purpose.
Sadly, it is not uncommon for new Motorhomes to have faults with them when they are first handed over to new owners, which is testimony to a shoddy industry.
You must give the dealer the opportunity to correct all the defects and he will do this under warranty at his costs.

If he fails to satisfy this requirement, then this is the point you need to bring in third parties to support your case.

As others have said, make a list of all the defects, ask the Dealer to undertake a further P.D.I (all at his costs) and if you are out of pocket because of the faults impacting on arrangements you have made bring to his attention and ask him what he is going to do about it.

Keep a copy of all correspondence and relax, it will all get sorted to your satisfaction and you can then enjoy your new motorhome.


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## wug (May 19, 2011)

To reject a vehicle as not fit for purpose the defects need to be of a very serious nature, such as a seized engine. As already said by others, you have to give the dealer a chance to correct the defects. 

Make a list, (make sure the issues are genuine defects and not "cosmetic" such as the carpet as someone already mentioned) speak to the manager - not the salesperson, be calm and polite, but resolute and explain exactly what you expect them to do. You have to give them a reasonable time to complete the repairs. Ask about compensation for inconvenience and loss of use of the vehicle.

There are various places you can get proper advice: Citizen's Advice - it's free and they can point you in the right direction; Trading Standards, if you are a member of AA, RAC or caravan clubs they may be able to help; some home and vehicle insurers offer free legal advice; Which? has a paid for legal advice line. There's the small claims court if the dealer refuses to co-operate.

A letter to the MD of the manufacturer may help, although they have no legal responsibility.


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## joedenise (Jul 20, 2007)

I would consider any damp as not fit for purpose

joe


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## uphighlandway (Dec 16, 2010)

Thanks for all your help and comments.
I am giving the dealer the opportunity to make things right, but time is ticking and no word of when the items will even be received by them for the work to be done. Then we have to travel a round trip of over 1100 miles. As far as the Fiat side of things, the part hasn't arrived form Italy yet, even though they booked me in for the work 2 days ago, they phoned and cancelled as they have no parts to do the work. Still waiting.
As far as the blinds without the magnets, we pulled the blinds part way just to see them on the tracks but did not completely close them as we assumed they were as described i.e. with magnetic closure.
As far as detailing the dealership, I do not think it should be given in this form as I have to give them the chance to put things right and so not make things worse for all concerned.
Once again, thanks and guess it is best just to wait and see what happens before doing anything major. 
Let's leave it there and, if it needs to escalate at any stage in the future I will let you know.
Thanks and its a great helpful site.


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## rosalan (Aug 24, 2009)

I knew that Fiat would let me down last year when after more than three years old I requested the vans reversing judder be checked. They checked and I got a message from Fiat that the parts were not available at this time. You can guess the rest.... but no! After three weeks they telephoned me from Italy that my chosen garage had the parts sent to them and to book myself in. I did and they did far more work, expensive work than I could have expected. My faith in Fiat has now been fully restored but for some reason or another, parts are not always waiting on the shelf.
You are very wise not to name your dealer, who for reasons not known to us has given you problems. In the past when one garage had been slated on a thread here, the garage gave their side of the discussion and roles were suddenly reversed and they became the (almost) 'good guys'. So lets wait and see as you are wisely doing.

Alan


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## wug (May 19, 2011)

FYI:Honest John's explanation of consumer rights pertaining to cars. (it's a long read!!)

One other thought, if you buy something on credit, even if it's just paying a deposit with your credit card, then the supplier of credit becomes jointly liable, although there's an upper limit of £30k.


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## nicholsong (May 26, 2009)

uphighlandway said:


> Thanks for all your help and comments.
> I am giving the dealer the opportunity to make things right, but time is ticking and no word of when the items will even be received by them for the work to be done. Then we have to travel a round trip of over 1100 miles. As far as the Fiat side of things, the part hasn't arrived form Italy yet, even though they booked me in for the work 2 days ago, they phoned and cancelled as they have no parts to do the work. Still waiting.
> As far as the blinds without the magnets, we pulled the blinds part way just to see them on the tracks but did not completely close them as we assumed they were as described i.e. with magnetic closure.
> As far as detailing the dealership, I do not think it should be given in this form as I have to give them the chance to put things right and so not make things worse for all concerned.
> ...


Whilst accepting you decision to let the dealer sort things out, please think about getting a Solicitor involved.

It is possible to send a letter to the effect that: while you are prepared to give them a chance to rectify, you reserve whatever rights the solicitor advises you have, from the date of that letter you effectively 'stop the clock' running against you.

The letter will also concentrate the dealer's mind, knowing that they will be on the hook if they do not rectify the faults.

Geoff


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