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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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I purchased a motor home from a dealer. It has been returned

Resolved Question:

I purchased a motor home from a dealer. It has been returned for repairs to dampness in the structure twice now but the dealer has not made proficient repairs and wishes to have another try. I would like to take it to a bona fide dealer for proper repair but the supplying dealer does not give consent. what are my rights?
Many thanks
Ian
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.

When did you purchase the vehicle please?
Customer: replied 3 years ago.

I purchased the vehicle on 29/09/13 and it came with 6 months written warranty. It was returned to me on 31st March after being with the dealer for 3 weeks to carry out the repairs

Expert:  Jo C. replied 3 years ago.
Does the warranty say that he must carry out the repairs?
Customer: replied 3 years ago.

The written receipt, dated 13/09/13, 2 weeks prior to collecting the vehicle just states 6 months warranty.

Expert:  Jo C. replied 3 years ago.
Ok.

Have you never had any paper document?
Customer: replied 3 years ago.

I also have a typed receipt which states 6 months warranty. Responses to my email about sub-standard work are always made verbally and I don't have any written evidence accepting the work is substandard. Even the latest offer to repair the poor repair properly has only been made verbally.

Expert:  Jo C. replied 3 years ago.
Thanks.

There are two possible courses of action open to you.

The first is to rely on the warranty. The second is to rely on the Sale of Goods Act. Either way you are covered for the work.

The question really is much opportunity do you have to give them to repair this vehicle. There is an old case that seems to suggest that a dealer should be given three attempts at repairing the same fault although it must be said that has never set down a hard and fast rule.

Two failed attempts is clearly a lot and you could rely upon that. My own suggestion would be to give them one last chance just really because that brings you clearly within the case law upon the point.

If that fails then you can just get the work done elsewhere and sue for the cost. You do have to send them a letter before action warning of your intention but that is nothing complicated.

If they have failed on three occasions then you will succeed against them.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

So 2 choices really - 1 is that I let them have another go, which I do not want to do and 2 is that I write to them to tell them of my intention to have the work carried out elsewhere and will hold them liable for cost.


Do I tell them I shall sue for cost in the letter? If so is that just an application to the small claims court?

Expert:  Jo C. replied 3 years ago.
You could sue them now. Its a risk but you could.

The trouble with writing them a letter is that there is no real point if that is your intention. Normally letters before action need to say 'You must do X by Y date or I will do Z'.

The safer course of action would be let them have one last chance and send them a letter before action making clear what your actions will be if they fail.

If you are intent then I suppose you could get the work done elsewhere and then write to them asking for payment and making clear you will sue and seek costs.

Yes, it is just to the small claims court.
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