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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73917
Experience:  Qualified Solicitor
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A year ago, when we retired, we purchased a 1 year old motor

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A year ago, when we retired, we purchased a 1 year old motor home, it had 3000 miles on the clock and it cost us £46k. From the first day that we drove it away it has leaked from numerous areas and after much chasing of the supplier we are despairing of having it repaired. It has become a fair weather holiday option and therefore not how we anticipated using it. We have been in contact with the company, verbally and by email and to date they have only managed to repair three of the numerous faults that we have identified. Our last communication with them requested that they come back to us by today with a realistic schedule for repairs but I have heard nothing from them. What should be our next step? Regards ***** *****
JA: Where is this? And how old is the RV?
Customer: The unit is now 2 years old, 1 year when we bout it from Prestons in Preston Lancashire
JA: What steps have you taken so far?
Customer: phone calls and emails, they say they’ll do the work and much of it is actually warranty work but they’ve had the van for weeks but they do very little work during that time.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not that I can think of

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What are you ideally hoping to achieve in the circumstances, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 17 days ago.
We would like the van to be repaired within a reasonable time and to a high standard that we expected of the van. If this cannot be accomplished then we wish to return the van for a full refund or to have it exchanged for a van of the same specification without the issues that we have with this one.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a private consumer buys a vehicle from a dealer, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet any the above requirements, the buyer will have certain legal remedies against the seller. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the vehicle does not meet any of the above criteria, once the initial 30 days after purchase have elapsed, the consumer’s rights against the seller are to get a repair or replacement. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the vehicle can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the vehicle, they can ask for a price reduction, based on what is wrong with it. That is something to be negotiated with the seller.

Any repairs must be carried out without significant inconvenience to the customer.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.gov.uk/make-money-claim

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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