# New motorhome with faults (what is my legal position)



## paul1964bandit (Feb 4, 2011)

I have had my new Motorhome for just over a month (had my previous one for over two years with no faults at all)

The motorhome has a number of issues and the dealer is dragging his feet in sorting

The first mistake I made was buying a van 150 miles from home

I have sent the dealer an email today saying that I want my money back as the van isnt fit for purpose.

I have exchanged a number of emails and phone calls. I am always fobbed off with false promises that dont materialise

What are my options?
Do I contact the manafacturer?
Do I appoint a solicitor?
Will shaming the dealer and manafacturer on here do any good?
Do i set up camp outside the dealership with placards until they have resolved the issues?

Some of the above might sound exstreme but after paying over 60,000 pounds for a new van I am at my witts end

Any help or advise would be appreciated


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## erneboy (Feb 8, 2007)

Talk to Trading Standards. I believe that you may well be able to reject it as unfit for purpose but there may be hoops to jump through first.

All your dealings must be with the dealer you bought it from I believe.

If you search on here there are other posts on the topic, Alan.


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## Mrplodd (Mar 4, 2008)

I am pretty sure you will find that the faults will need to be pretty substantial, as in serious water ingress, or body too heavy for the chassis type problem (rather than niggling/annoying matters) before you will have any hope of rejecting it as being "Not of a merchantable quality"

Can you give us some idea of the faults you have???

Does the dealers name begin with B ??? 

I would suggest that you make direct contact with the manufacturer and tell them what S*** service you are getting from the dealer, BUT you must remember your contract is with the dealer NOT the manufacturer and its the dealer you must pursue.


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## raynipper (Aug 4, 2008)

Mrplodd said:


> Does the dealers name begin with B ???
> 
> quote]
> 
> ...


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## erneboy (Feb 8, 2007)

This relates to cars but the principle is the same: http://www.honestjohn.co.uk/faq/consumer-rights/

Alan.


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## paul1964bandit (Feb 4, 2011)

No neither

Didnt want to name until after I had some advice

Regarding the contract with the dealer surely the manafacturer has a responsibility having turned out a brand new van that has a number of faults?


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## rayc (Jun 3, 2008)

paul1964bandit said:


> Regarding the contract with the dealer surely the manafacturer has a responsibility having turned out a brand new van that has a number of faults?


You would think so, but having watched a recent episode of 'Don't Get Done Get Dom' concerning a Swift caravan with severe water ingress, you may be disappointed.


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## StephandJohn (Sep 3, 2007)

Trading Standards will tell you all you need to know (they might have a different name in your area but probably if you google trading standards it will come up).
Once you know your rights you can go back to the dealer and quote them with time scales for them to reply and rectify the problem or you'll take it to the next stage legally.This usually works.
Although I haven't had your particular problem I did have a never ending dispute with a holiday company. When I eventually told Trading Standards their advice sorted it out in a matter of week.
Might be a good idea to tell us which van it is in case anyone else has had similar problems.
I know you might be reluctant to name the dealer but you might find that they are well known for bad customer service if you look in the search box on here.
Good luck and let us know how you progress.


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## rosalan (Aug 24, 2009)

Your dealer has to be your first port of call but the dealer also has a legal obligation to supply the van in pristine condition as it is new.
Some idea of the faults would be helpful; loose trim or discolouration may come lower down the scheme of things than structural problems.
Are the problems with the habitation unit or the base vehicle?
What make is the van, other people on here may be familiar with your problems.
I appreciate that at this point, naming the dealer may not be in your interest but in what way are they fobbing you off? Are we talking about workshop space not always available or not acknowledging the significance of your problems?
With some of this information, it may be more possible to offer some guidance based upon past experiences. 

Good luck!

Alan


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## anjasola (Jun 24, 2009)

Did you pay any money by card or finance?


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## adonisito (Nov 6, 2009)

What are the problems with it ? It would be easier to give advice then. I would have thought a dealer would be more efficient on a van at that price.


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## dolcefarniente (Jan 2, 2012)

Put the faults on here. Most have been encountered and can probably be self rectified without trekking to the dealer. My 2012 Apache has had a couple of niggles and my dealer is only 8 miles away but I couldn't be bothered going down there but I have the skills to repair it. I understand some don't but with a little guidance can manage.


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## Grizzly (May 9, 2005)

I suggest that you also keep a detailed record of the mileage that you do ( of both vehicles if two are involved, as might be if your van is not at home) in connection with visits to the dealer. Keep fuel receipts too.

When it is all sorted then claim for the mileage you have done that you would not have otherwise done.

Every little helps.

Hope you get it sorted soon. We had a huge faults list with ours, 6 years ago, but all is ( mostly ) well now. 

G


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## paul1964bandit (Feb 4, 2011)

anjasola said:


> Did you pay any money by card or finance?


Paid 50% cash and 50% finance


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## Penquin (Oct 15, 2007)

Agree with most so far;

1. your contract is with the dealer, that is your only route of action, you may notify the manufacturer for information sake but they have no responsibility to you......

2. the manufacturer has a contract with the dealer - so if the fault stems from the manufacturing process it is up to the dealer to follow that through - NOT you, it's their contract,

3. talk to Trading Standards, give them copies of all correspondence, get their advice BUT rejection is NOT easy as even a number of small faults are not considered sufficient, hence take TS advice,

4. listing the problems (without naming the dealer) will bring advice abut how serious they are and whether they are sufficient to reject in other users eyes,

5. beware of naming them - some dealers do monitor this forum and may consider that you have expressed negative comments which can be directly attributed to them - that can influence any final settlement, keep the publicity angle in reserve ftb.

6. Keep copies of all paperwork, don't phone them but do everything in writing (e-mail is quite OK, send a copy to another independent person as proof that it was sent), take photographs of all areas that have problems highlighting the problem if possible, keep those and attach them to e-mails as evidence of the problems,

7. do not use the vehicle at all - so that the mileage stays as low as possible.

Good luck, such a process is never easy and is very stressful, there are many L O N G threads on here detailing the problems that people have endured......

Dave


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## cabby (May 14, 2005)

Contact the Finance company straight away by letter stating the faults in a list and tell them that the dealer is dragging his feet over sorting it out and as they own the vehicle, and they do, what are they going to do about it. Please keep a copy of all correspondence. 

cabby


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## tonka (Apr 24, 2006)

Do I take it you have an Autotrail ?? You have Apache listed on your profile.. Or was that your old van ??

I had poor communications off my dealer and it's almost one of the closest to me.. LEISURE KINGDOM / DOM AMOTT of Derby.... 
Waste of time BUT I contacted Autotrail direct and the issues are being sorted direct at the factory in their workshop...

Mine was new in Jan 2012, few niggles but most I sorted myself. At it's first hab service there was high moisture readings and later issues around the cooker area.

Maybe tell us the make and model and faults, you will soon hear if others have had or are having similar problems...


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## motormouth (Jul 3, 2010)

WHAT ARE THE BLOOMING FAULTS??????
Sorry to shout but jeez, without knowing, how do you expect the right advice??


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## Stanner (Aug 17, 2006)

paul1964bandit said:


> Regarding the contract with the dealer surely the manafacturer has a responsibility having turned out a brand new van that has a number of faults?


Your only contract is with your supplier (the dealer) under the Sale of Goods Act.
The dealer has a different contract under different legislation with his supplier (the manufacturer).

It was the dealer's responsibility to ensure the item he sold was "fit for purpose" not the manufacturers.


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## 100127 (Jul 20, 2006)

With all the kerfuffle on this thread, I have a slight trepidation about picking up my Tracker on the 7th. I hope all is well   
I hope the OP will tell us the problems he has, so we maybe can assist.


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## dolcefarniente (Jan 2, 2012)

Sysinfo said:


> With all the kerfuffle on this thread, I have a slight trepidation about picking up my Tracker on the 7th. I hope all is well
> I hope the OP will tell us the problems he has, so we maybe can assist.


You're van will be fine....we only hear when peeps have faults and no help from the dealer....My van's a belter (2012 Apache)


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## tonka (Apr 24, 2006)

dolcefarniente said:


> .My van's a belter (2012 Apache)


 8O Watch what you say.!!
I remember replying on here to someone who had all the wood veneer coming off near the cooker, stating that mine was fine... A few months later, you guessed it bits falling off and the veneer bubbling up... 

Mine was great until the first hab service and it's all seemed to gone astray from there.. 
Roll on Wednesday, off to sunny Grimsby and fetch it back from the factory....


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## GEMMY (Jun 19, 2006)

What is the reluctance to identify the faults. :?: 

tony


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## GerryD (Sep 20, 2007)

Sysinfo said:


> With all the kerfuffle on this thread, I have a slight trepidation about picking up my Tracker on the 7th. I hope all is well
> I hope the OP will tell us the problems he has, so we maybe can assist.


The number of genuinely faulty vans reported on here do not exceed double figures. Average sales in the UK are 11,000 pa. So the chances of your motorhome having faults are minimal.
The whole point of a forum is for members to sound off about alleged issues, there is no forum for the majority of customers who are ecstatic with their purchases.
Gerry


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## GROUNDHOG (Mar 7, 2006)

Please could someone tell me where you can buy a van that does NOT have any faults when new! I have yet to find one even if they are little things easily rectified.

So once again WHAT ARE THE FAULTS WITH THIS VAN!

Or is this another wind up?


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## GEMMY (Jun 19, 2006)

It's still quiet on here. :wink: 

tony


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## Penquin (Oct 15, 2007)

Just a couple of thoughts on the quietness that has already been commented on......

he is a full member - many of those who post a contentious report and then disappear are not members and appear as if they are simply using MHF as a weapon with which the try to beat the dealer....

He has not been on since yesterday so has not been able to read and respond to the questions posed,

It may be that the dealer has asked for a lack of publicity while the problems are sorted - such a requirement has been commonly reported on for such problems on many threads in the past,

Hopefully he will come back on as soon as he can, and answer many of the questions, although he is unlikely to give everyone all the information that they would like,

I am happy to wait and see what happens, for us time is not critical and we are only onlookers from the edge. If he wants more advice then he can ask and I am sure that there will be a positive response to any requests. There always is on MHF.  

Dave


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