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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I purchased a brand new motorhome on 1st September 2016.

Resolved Question:

I purchased a brand new motorhome on 1st September 2016. When I got the vehicle home with only 30 miles on the odometer there was oil leaking from the engine. The motorhome was sold by Marquis Motorhomes in Preston. The motorhome is built on a Peugeot chassis and it was the vehicle rather than the living accommodation that was faulty.
The seller (Marquis) arranged for the vehicle to be repaired. I had to (a) on 2nd September call Peugeot Assistance to arrange for the AA to attend the vehicle to diagnose the problem (b) on 2nd September drive the faulty vehicle back to the seller in Preston (20 miles) where the vehicle had to be left overnight to be repaired on 3rd September (c) on 3rd September return to Preston by public transport to collect the repaired vehicle. The vehicle has leaked a significant amount of oil on our drive.
The seller (Marquis) referred my complaint to Peugeot and eventually Peugeot agreed to pay for our drive to be cleaned.
I have asked that my inconvenience be recognised and compensated but Peugeot has refused. The Peugeot product was faulty and not fit for purpose and their Pre Delivery Inspection of the vehicle, by their dealership, did not detect the fault. I have spent a total of 7 hours travelling to and from Preston (from Clitheroe) and travelled around 40 miles unnecessarily in our new motorhome. To date, nobody has even apologised.
Can you advise if I am being reasonable in claiming compensation for my inconvenience. This is after all a brand new vehicle.
Thank you
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

What reason exactly have Peugeot provided for not compensating you for this?

Expert:  Ben Jones replied 9 months ago.

Also, what has the seller said in relation to the inconvenience caused?

Customer: replied 9 months ago.
Unfortunately I have not had the opportunity to correspond or speak directly with Peugeot as the seller (Marquis) has passed on my emails to Peugeot. Their response today, via the seller, is that their offer to pay for the cleaning of the oil on our drive is their final offer and they will not enter into any further correspondence
Customer: replied 9 months ago.
The seller has been helpful in co-ordinating the repair but reported that Peugeot will not pay for intangible issues. Marquis has not offered any compensation but, in fairness, my complaint to them was about the Peugeot product.
Expert:  Ben Jones replied 9 months ago.

OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. As far as the law is concerned, you are only compensated for actual losses incurred as a result of this issue. So obviously it would include repair costs and any other ancillary costs incurred as a result of this issue. So there was a leak on your drive which needed cleaning, you may have incurred petrol costs for the additional driving you had to do but these are all tangible costs and you can claim for them. Sadly the law does not compensate you or stress or inconvenience, such as having to deal with resolving this issue, being stressed about it or taking the time to try and resolve it. Similarly, you cannot force them to issue an apology so this is done at their discretion. I fully understand how this can leave you feeling frustrated and annoyed and looking for additional compensation but from a legal point of view you can just claim for tangible costs and damages, which it appears have been covered in this case.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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