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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently purchased a 'High quality hand built motor

Customer Question

I have recently purchased a 'High quality hand built motor home' as described in there brochure. The cost was £58,000. We collected this from the dealer on the 18th August and we raised a couple of issues there and then. We were told as with all items there are 'snagging issues' and we were to inspect when we got home and let them know of the issues and they would put them right on a suggested 3 month review.
However on closer inspection the motor home is far from high quality and there is a catalogue of issues to do with the body work, internal finish and the over all workmanship is not of a food standard or high quality. I have really lost confidence with the product and the company. How to I stand with regards ***** ***** rights as a consumer. I would like to return and get a refund?
Karen Hill (MRs)
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long ago did you place the initial order for the motor home?

Customer: replied 9 months ago.
October 2016 at the motor home show at the NEC. We were told it would be ready a May 2017 but it was not ready for collection until August 18th 2017
Customer: replied 9 months ago.
Sorry that should read 2016
Expert:  Ben Jones replied 9 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. When a person buys a vehicle from a dealer they will have certain rights under consumer laws.

First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the vehicle in question:

· Giving false information about the vehicle or deceiving the buyer through false advertising

· Giving insufficient information to the buyer, for example leaving out important information about the condition of the vehicle

Failure to adhere to these rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.

Your other rights state that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the vehicle does not satisfy any of these, the dealer will be responsible.

They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. This will need to be done within the first month after purchase, although in your case it would be after delivery as that is the first opportunity you would have had to inspect the vehicle.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if they refuse to resolve this to your satisfaction, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.

Thank you. In the circumstances you would most likely be seeking compensation, such as for repairs or for the depreciation in value if you were to sell it.

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 9 months ago.
I don't want compensation I want a total refund. I have sent a letter via email rejecting it and requesting a full refund. I plan you give them back the motor home next week. I have asked for a respond with 7 days
Expert:  Ben Jones replied 9 months ago.
Compensation would include a refund as well. What i meant is that you cannot force them to take back the vehicle and get a refund. Somif they refuse you may have to look at selling it and then pursuing them for the difference between what you paid and what you sold it for. Hopefully it wont come to that though.
Customer: replied 9 months ago.
Hi Ben
The goods they have supplied are faulty and of very poor quality I would not be able to sell it as it is. They have not supplied a product of satisfactory quality surely I have rights? Having seen the quality of the finished item I have no confidence in the quality of any repair work they attempt.
Expert:  Ben Jones replied 9 months ago.
All i am saying is that you cannot physically force someone to accept the item back. So it is for a court to decide whether they are going to refund you the full amount or a proportion based on what the current value of the vehicle may be. There is nothing stopping you from going for the full amount and letting the court decide what is appropriate

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