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Bessacar - motorhome problems - jakey123

Hi,

Wondering if i have any legal redress for this problem.

We purchased a second hand motorhome at considerable cost over 2 years ago.The vehicle is only 4 years old. Dealer who sold us the car refuses to take the car back for resale as the floor has rotted from underneath. He told us that this was a known manufacturing defect,but claimed that the floor did not have a problem when they sold it to us, so it is not his problem. The manufacturer has been repairing the floors in and out of warranty but now refuses to do this, despite admitting the floors are unsuitable.and no longer uses them.

Is there any action I can take as the vehicle is unsaleable and will cost thousands to repair.?

thank you.

Bessacar - motorhome problems - tony g
Hi jakey ,
You need an expert opinion and an estimated cost of repair ,Once you have both ,issue a claim in the small claims court ,jointly siting the manufacturer and the dealer who sold you the vehicle .

It's unreasonable that a vehicle should rot so quickly . The cost and the limit of your expenditure in the small claims court is about £200 .

Generally speaking companies are unwilling to appear in a court and will pay before the court case .Ive been to court a couple of times, it's a simple process ,and I was successfull on both occasions .

Regards

Tony g
Bessacar - motorhome problems - jakey123

Thank you Tony,

I appreciate your reply and help, I will do that. I have had a report done on the floor so I just need the estimate of costs.

Thanks again, I feel a little easier now.

Bessacar - motorhome problems - Cris_on_the_gas

Has the dealer said that its a known manufacturing fault in writting. If so must help your case as under SOGA the product has to be Satisfactory, clearly a manufacturing fault is not.

Bessacar - motorhome problems - focussed

"issue a claim in the small claims court ,jointly siting the manufacturer and the dealer who sold you the vehicle "

To sue in the small claims court using SOGA will require that you take out an action against the vendor of the vehicle ie the dealer that sold you the vehicle. The manufacturer cannot be sued by the owner, (you) unless they sold you the vehicle direct.

Unless the manufacturer agrees to be joined to the action, on the basis that if the dealer loses the action the dealer will then sue the manufacturer you don't sue the manufacturer.

Bessacar - motorhome problems - tony g
(To sue in the small claims court using SOGA will require that you take out an action against the vendor of the vehicle ie the dealer that sold you the vehicle. The manufacturer cannot be sued by the owner, (you) unless they sold you the vehicle direct.)
Hi focused ,

I wasn't suggesting that the seller and manufacturer should be pursued under soga .The great thing about the small claims court is that you can simply present a case to a judge ,he will make a decision based on what he thinks is fair and reasonable .He,s not bound by precedent or previous acts .In fact the cases he decides on don't set a precedent .

It's clear that the op has suffered a loss ,and will have a substantial bill to rectify a manufacturing problem .Thats why he should pull the manufacturer and the retailer into the SCC at the same time.

In reality what usually happens is ,rather than face the expense of a day in court ,the opposing party make an offer to settle a couple of days before the court hearing .

Regards


Tony g
Bessacar - motorhome problems - jakey123

Yes, we have had an estimate of £3500 for repair. The manufacturer admitted on public forums that the vinyl coated flooring was causing moisture to be retained and so the floor rots. They have since changed the flooring used. They have been rectifying floors for customers for a few years both in and out of warranty, but are no longer prepared to do that. The dealer viewed the vehicle, told us about the known flooring problem and advised us to check the forums.He has declined any responsibility because our service/habitation check isnt up to date.(neither check actually covers the underfloor).He says the fault could have been discovered earlier, and that there was no problem with the vehicle when we bought it. This would mean that a £30,000 vehicle has rotted in just over 2 years.

In writing he is now saying that we could have a 'potential' floor problem and that the manufacturer is aware of it.

Bessacar - motorhome problems - tony g
Definitely a clear case for the small claims court .
Bessacar - motorhome problems - focussed

"Thats why he should pull the manufacturer and the retailer into the SCC at the same time. "

I would be very interested to hear how you would advise how to "pull the manufacturer into the the SCC" Quite simply, you can't. The retailer, as the vendor of the motorhome, is liable to be sued in the small claims track of the the county court as long as the action is not time barred (ie more than 6 years from the date on the invoice). The manufacturer has no contractural relationship with the owner if it was sold through a dealer-why do you think that manufacturers sell through dealers?

Bessacar - motorhome problems - tony g
Hi focused ,
A judge in the small claims court is not bound by previous rulings ,he will make a decision based on what's reasonable and fair ,it's clearly unreasonable that the manufacturer can produce faulty goods and reject responsibility for that .

I appreciate that their is no contract between the op and the manufacturer .However it doesn't prevent the op from naming the manufacturer in his claim .The manufacturer will then be obliged to attend court alongside the retailer ,if he doesn't attend the judge will find against him .

The beauty of the SCC is that the respondents must attend court ,rather than do that ,and under pressure from the retailer ,theirs every chance that the retailer and the manufacturer will settle .
Bessacar - motorhome problems - focussed

Tony g-I am afraid that your particular view of who is responsible in the case of a claim in the small claims court for faulty goods is not correct-please read the paragraph on this site titled faulty goods:-

http://www.takelegaladvice.com/news-and-information/legal-guidance/consumer/consumer-disputes/

Bessacar - motorhome problems - jakey123

Where would we stand on the issue of no service checks though. That is the dealers defence.We have to pay because the fault could have been picked up sooner ,he argues, and be cheaper to fix . As the whole floor is defective surely it all needs replacing anyway,and couldnt have been cheaper. I dont even think the estimate is for whole floor replacement, its repair of the rotted corner, which is crazy as the other corner will go next!

Bessacar - motorhome problems - focussed

Stop messing about with the dealer. Don't talk to him on the phone. Write to the dealer by registered post giving the dealer 14 working days to agree to your request that he repairs the faulty floor, or you will get the floor repaired somewhere else and take out an action in the small claims court to recover the cost of the repair+your reasonable expenses+the court fees from him, the dealer who sold you the motorhome.. It matters not that he says the floor was ok when he sold you the motorhome.

If he does not respond (in writing)take the thing somewhere else, get it repaired and sue him for the costs involved-it's that simple-but remember, get everything in writing from now on, no face to face, no telephone.

Bessacar - motorhome problems - jakey123

LOL Thanks.

Result, its being picked up and fixed. His own solicitor advised I think. Its been an interesting situation though as vans with these floors were being produced for about 3-4 years and the rot is coming home to roost. Sellers of motorhomes must be on red alert.

Bessacar - motorhome problems - focussed

Good result-hope everything goes all right for you now.