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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13882
Experience:  I have been practising for 30 years.
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I purchased a Motorhome in April 2019 since then I have

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I purchased a Motorhome in April 2019 since then I have several faults in sane
JA: Where are you? It matters because laws vary by location.
Customer: n ireland
JA: What steps have you taken so far?
Customer: i have been with the dealer about six times since left the vehicle for two weeks and still two faults
JA: Anything else you want the lawyer to know before I connect you?
Customer: They said that they are waiting for a part from dealer this is going on nearly two months now

Good morning. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

was it new or used?

what are the faults?

Customer: replied 1 month ago.
New. First fault fridge not cooling properly fixed after two trips to dealer second fault tv aerial still not fixed after three months third fault new duel gas cylinders fitted not working had to go back twice to get it sorted fourth fault control panel stoped working another trip to dealer fifth fault heater for water and van stoped working not fixed yet
I am now not sure if I want to keep this Motorhome and want to know where I stand legally

I’ve lost count of the number of new motorhomes with numerous faults like this.

You would have thought for the many tens of thousands of pounds that these cost, they would have better quality control.

You only have 30 days to reject goods which are not of satisfactory quality under the provisions of the Consumer Rights Act although after that. They have one opportunity to fix the faults after which you have a final right to reject and you are at that point now.

The potential problem for you here is that I imagine this motorhome cost in excess of GBP50,000 and there is a potential argument that you are not entitled to reject because the faults are not substantial.

The difficulty with rejecting the vehicle is that you have a 50,000/GBP70,000 piece of litigation whereas if you get it fixed somewhere else you have a GBP5000 piece of litigation.

In the latter case, it Small Claims Court and there is no costs risk.

If you have finance on the vehicle you cannot bring a claim under the Consumer Rights Act section 75 because the value of the item is over GBP30,000.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

However as I said earlier, and for the reasons I mentioned therein, it’s not something I would be rushing to court over except Small Claims Court.

BUT you do have an extra claim, which you haven’t mentioned in that is loss of amenity. During the greater part of the year, when you would be using this, you have not been able to. That has value and increases the value of your claim.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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