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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi , I purchased a motorhome from a dealers 28/10/2014 cost

Resolved Question:

Hi , I purchased a motorhome from a dealers 28/10/2014 cost £ 21,500.00 I paid for it on my visa debit card, I have since had a habitation and damp check to find that it has major damp , electrical faults and major gas problems / all gas appliances not to be used until fixed. Please can you tell me what I can do to get my money returned,
Thanks Ken Redman
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : Good evening. My name is***** and I am happy to help you with this. Have you notified the seller of these problems?
Customer:

Yes, I informed the seller on Friday 14/11/14 at 14.34 hrs , I was told that Chris was not in , but would phoned me back , I phoned again at 16.52hrs to bee told he was still not in , on Saturday morning I phoned and spoke to the woman ( his partner ? ? ) I told the lady what problems I had found , with the habitation and damp service I had done, she said " we have sold the motorhome ourselves and not through the company

Customer:

Hi Alex,

Alex Hughes : OK. Do you have proof that this was a commercial sale not a private one e.g. sales invoice/receipt?
Customer:

Yes, Invoice on company headed paper,deposit letterl stating seller to be Moorpark Prestige, hpi check done in the name of Moorpark Prestige, warranty on Moorpark Prestige paper

Alex Hughes : OK. So the suggestion this was a private sale is nonsense. As this was clearly a commercial sale you have the right under the Sale of Goods Act 1979.
Alex Hughes : Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose.Fit for purpose means both their everyday purpose. Satisfactory quality means free from the defect that you have mentioned.
Alex Hughes : You can ask for a full refund as the purchase was made only recently. This means notifying the seller that you are rejecting the motor home and seek a full refund of the cost.
Alex Hughes : Alternatively you can ask for a repair or replacement.
Alex Hughes : You are well within time to exercise any of these rights,
Alex Hughes : i suggest that you notify the company again in writing that you reject the motor home because of the defect and you seek a full refund within 14 - days. May I also suggest that you get some independent verification of the fault perhaps by an authorised repairer in case you need to sue the seller? If not payment is forthcoming then you should sue the selling company without delay and to cover yourself you should include the person you dealt with as a second defendant and include him on the basis of breach of contract namely misrepresentation about the quality of the motorhome.
Alex Hughes : Can I assist further?
Customer:

Hi Alex, many thanks for the information, I will be returning the motorhome to Moorpark Prestige on Tuesday morning , I will ask for a full refund of £21,500 within 14 days under the sale of goods act 1979. . The faults described were found by a Motorhome garage who specialize in habitation and damp checking and servicing. The documentation on the faults of the motorhome are being e-mailed to the seller tomorrow morning

Customer:

Alex, may I get back in touch with you when I have spoken to the dealer on Tuesday

Expert:  Alice H replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Alice H replied 2 years ago.
Can I assist any further?
Expert:  Alice H replied 2 years ago.
Thanks for the final comments. Please remember to rate my answer. I am happy to assist further if needed.
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