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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13857
Experience:  Senior Associate Solicitor
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I bought a new motorhome in May 2020, in January 2021 a

Customer Question

I bought a new motorhome in May 2020, in January 2021 a fault occurred showing several warning light on the driver display panel, company said as a fault with cabin area need to take to that dealership, no faults found. The problem has resurfaced and motorhome dealership insist I return to cab manufacturer dealer ( Peugeot ). This fault is on top of two other visits back to dealership for un related issues. I am loosing confidence in both the motorhome and dealership, what are my rights to refund?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: it is in Cheshire, England and purchase was in May 2020.
JA: What steps have you taken so far?
Customer: I have taken the motorhome to a Peugeot dealership in January 2021, but the fault is intermittent and does not log any faults in any of the ECU’s. I have contacted the Motorhome dealership this morning but they say I need to arrange for Peugeot dealership to look at the fault. As stated earlier this is the 4th time in total I have had to contact supplying dealership because of faults.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i have e mailed supplying dealership CEO to express my frustration and disappointment at both the motorhome and dealership. They have responded and said they will look but probably need to arrange for Peugeot dealership to do work otherwise warranty broken.
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 14 days ago.

Some time has passed since January so you do still have rights though they are slightly diminished and will continue to do so as time goes on. You will need an expert report to get anywhere with the dealer and indeed if you have to issue a claim at court, the court will insist on seeing one.
I will set out your options and will proceed on the basis the motorhome is not on finance. If it is please let me know.

If you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the vehicle must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the vehicle.

There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

The rights against the seller are:

1. Reject the vehicle and request a refund which must be done within 30 days of purchase or delivery. The faults are presumed to be there from the outset unless the dealer can prove otherwise.

2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if you want to keep it, you can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase. If the repair would put you are considerable inconvenience - e.g. taking several weeks, or meaning you have to travel a long distance to them, then you can demand a refund. They are only allowed one chance at the repair - if that fails, you are due a refund.

You need to contact the dealer and advise them you want to reject - you should obtain a report to support your demand.

If they refuse then I would advise that you report them to Trading Standards (tel: 0808(###) ###-#### and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.

Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute. As you have had the item for 6 months or more, the burden of proof shifts to you as the consumer to prove the item was faulty from the outset - so you will need a report from someone independent to support your case before you issue court proceedings. If you do not do this, the claim is likely to fail.

If you have had the car over 6 months, a report can be obtained from any qualified motor mechanic.

Here is an example of a company which provides reports : http://www.laird-assessors.com

Expert:  JimLawyer replied 14 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 14 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 14 days ago.
Thank you for your reply, I will see what happens on Friday but this information will be helpful if the dealership do not put fault right.
Expert:  JimLawyer replied 14 days ago.

My pleasure, I hope it resolves soon, thanks again.
Jim