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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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I bought a second hand motor home in February 2013 and was

Resolved Question:

I bought a second hand motor home in February 2013 and was sold a Gold Standard Warrenty. I have just been informed that the motor homes is full of damp due to faulty seals and I will have to pay £3000 for repairs, repairs which it transpires are not covered by the warrently that I purchased. There is a clause in the policy that I was sold that states 'water ingress and delamination cover terminates when the motorhome reaches 5 years old'. When I purchased the motorhome it was nearly 6 years old, but the company did not disclose to me that elements of the 'Gold Standard Policy' I was purchasing was not actually applicable to my motor home.

Could you advice if I have any redress. The company has offered to pay a £1000 towards the damage, but I'm not happy and would like to know what rights I have?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to achieve please?
Customer: replied 3 years ago.

My ideal outcome is that the company that sold me the vehicle accepts liability and covers the cost of repairs.

Customer: replied 3 years ago.

Ideally I would like the company who sold me the motor home and warrently to accept liability for the repairs... the vehicle cost me just under £24,000 in February 2013 and during its 1st winter it transpires that it is not fit for purpose.


 


I want to know my rights so that I can put the strongest arguement forward.


 


Thanks


 


Sharon

Expert:  Jo C. replied 3 years ago.
Thanks

Because you have now had the vehicle for a year, it is for you to prove that it was faulty at the time of purchase I'm afraid.

If it was faulty at the time of purchase, then it is not fit for purpose or of satisfactory quality and the Sale of Goods Act.

Within the first six months, it is presumed to be faulty at the time of purchase but after six months, the burden is on you to prove it

A letter from whoever you get to put the job right would probably suffice.

It is obviously going to cost you £3000.

If the seller of the motorhome is not prepared to remedy this, the easiest and quickest way is quite simply to get it fixed yourself and then ask them for the money.

If they do not pay up, then issues Small Claims Court proceedings against them for however much it cost you to get the motorhome repaired.

With regard to the insurance policy, it seems that they've misrepresented this by omission and you are therefore entitled to compensation for whatever loss you have suffered as a result of that misrepresentation. That would probably be the cost of certainly part of the cost of the warranty itself but also the cost of the repair so you actually have two causes of action - the loss in respect of the misrepresentation of the insurance and also loss as a result of their statutory breaches under the Sale of Goods Act

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thank you.


 


I borrowed £19,000 to assist with the purchase of the motorhome from the Black Horse, would it help to get them involved at this stage or wait until I get a formal response to the letter I will be sending to the company that sold me the motorhome?


 


Yours


 


Sharon

Expert:  Jo C. replied 3 years ago.
It really depends on the terms of the finance.

It is a personal loan, there is no liability whatsoever on the finance company.

If it is hire purchase, the finance company is jointly liable along with the seller
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