Can't use my Motorhome- Consumer Rights
Can't use my Motorhome- Consumer Rights
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munroman

Original Poster:

1,901 posts

206 months

Thursday 17th August 2023
quotequote all
5 weeks ago today, right at the start of the holiday season, I received an email from the Motorhome dealer I had bought my 6 month old motorhome from, 4 years ago.

It was from the Manufacturer and advised me that the fairings which smooth the junction between the cab and the motorhome body, 'can detach and cause Death or Injury', do not drive the vehicle and contact your Dealer'

I did as advised, and am told the parts to repair, 'are not available'.

I have been unable to use the Motorhome, but, via forums in Germany, I discovered that the Manufacturer knew of this issue in 2017, but continued to manufacture the faulty design until 2021!

Do I have any Consumer comeback on this for the loss of use of the Motorhome?, we travel with 3 dogs and 2 cats, and have been unable to visit our new Granddaughter because of this, as kennels and catteries are booked up.

All advice welcomed!

2 sMoKiN bArReLs

31,692 posts

257 months

Thursday 17th August 2023
quotequote all
Can you secure or remove them in the short term?

Yellow Lizud

2,781 posts

186 months

Thursday 17th August 2023
quotequote all
If they haven't fallen off in the last 4 years they probably won't fall off in the next couple of weeks.

But if you're that bothered about it just get a reel of gaffer tape.

munroman

Original Poster:

1,901 posts

206 months

Thursday 17th August 2023
quotequote all
Yellow Lizud said:
If they haven't fallen off in the last 4 years they probably won't fall off in the next couple of weeks.

But if you're that bothered about it just get a reel of gaffer tape.
I understand what your saying, couple of things.

1) The design was introduced in 2012, failures started happening in 2017, so my model is in that sweet spot.

2) If the Manufacturer decrees the vehicle dangerous, do not drive, and I drive it, and God forbid something 'bad' happens, I have been advised by the supplying Dealer that my insurance would be voided.

I'm not prepared to take that risk, not should I have to.

I feel that the Manufacturer has done the dirty, and dumped responsibility for their design failures on the Customer, without having the ability to safely rectify the problem.

2 sMoKiN bArReLs

31,692 posts

257 months

Thursday 17th August 2023
quotequote all
I'd

1) Go & see the dealer and see exactly what parts aren't available, and if they will ever be so
2) As suggested, ask the dealer to make interim mods to make the vehicle driveable
3) Failing 1 & 2 above ask for a loan vehicle
4) Failing 1-3 above ask the dealer what they are going to do about this situation

r3g

3,750 posts

46 months

Thursday 17th August 2023
quotequote all
munroman said:
5 weeks ago today, right at the start of the holiday season, I received an email from the Motorhome dealer I had bought my 6 month old motorhome from, 4 years ago.

It was from the Manufacturer and advised me that the fairings which smooth the junction between the cab and the motorhome body, 'can detach and cause Death or Injury', do not drive the vehicle and contact your Dealer'

I did as advised, and am told the parts to repair, 'are not available'.

I have been unable to use the Motorhome, but, via forums in Germany, I discovered that the Manufacturer knew of this issue in 2017, but continued to manufacture the faulty design until 2021!

Do I have any Consumer comeback on this for the loss of use of the Motorhome?, we travel with 3 dogs and 2 cats, and have been unable to visit our new Granddaughter because of this, as kennels and catteries are booked up.

All advice welcomed!
So you've been using your motorhome without issue for 4 years, but now an email from the dealer arrives telling you it might fall apart, and you've chosen to cancel all your holiday plans and want compo rather than just do what everybody else would do which is to have a look at the alleged problem areas, see that it's absolutely fine and carry on with your life as normal while you await a booking slot for it to be inspected/repaired if required. OK...rolleyes

MattyD803

2,203 posts

87 months

Thursday 17th August 2023
quotequote all
OP - Unless you have spotted an obvious issue (trim flapping about, becoming loose or creating noise), I seriously suggest you crack on with your life and use the vehicle.

If it makes you feel better, take the vehicle to a motorhome specialist (one that knows bodywork / does repair), get a second opinion and if necessary pay for any local remedial works. You'll pay for their time / effort, but keep a receipt of what (if anything was done) and then you've done the best you can, should the worst happen. Then just keep an eye on the supposed problem area and deal with it as (if) it comes.

As an aside (which may alleviate some worry), all VAG vehicles fitted with the later EA888 Evo4 engine from 2020 onwards (Golf R, GTi, S3, Formentor etc) all had a recall last year due to a 'potentially loose engine cover' which 'could become loose, rub against the turbo, and catch fire'......all the letter from SEAT asked me to do was to take the vehicle to a dealer when I can or check the cover myself periodically. Now, by comparison, think of how many cars there are out there fitted with that engine since 2020 and the likelihood / risk that posed to VAG and the owners, compared to your motorhome example.....and VAG didn't ask a single person to stop driving their vehicle.....

The manufacturer is erring on the extreme side of caution here....to think there isn't a 'field applied' fix here is literally unbelievable.

Edited by MattyD803 on Thursday 17th August 16:16

munroman

Original Poster:

1,901 posts

206 months

Thursday 17th August 2023
quotequote all
MattyD803 said:
OP - Unless you have spotted an obvious issue (trim flapping about, becoming loose or creating noise), I seriously suggest you crack on with your life and use the vehicle.

If it makes you feel better, take the vehicle to a motorhome specialist (one that knows bodywork / does repair), get a second opinion and if necessary pay for any local remedial works. You'll pay for their time / effort, but keep a receipt of what (if anything was done) and then you've done the best you can, should the worst happen.

Keep an eye on the supposed problem area and deal with it as (if) it comes.
I do have loose trim rattling, from the affected parts, and can see the failure mode developing.

The local Motorhome specialists are the ones who can't get the parts from the Manufacturer.

If I do a mod other than the one the Manufacturer deems correct, using their 'Unobtanium' parts, I will invalidate my Warranty, which will damage future resale value.


r3g

3,750 posts

46 months

Thursday 17th August 2023
quotequote all
munroman said:
I do have loose trim rattling, from the affected parts, and can see the failure mode developing.

The local Motorhome specialists are the ones who can't get the parts from the Manufacturer.

If I do a mod other than the one the Manufacturer deems correct, using their 'Unobtanium' parts, I will invalidate my Warranty, which will damage future resale value.
Have you not heard of gaffer tape?

https://www.ebay.co.uk/itm/266031552265

Or is it just about the compo?

Mojooo

13,287 posts

202 months

Thursday 17th August 2023
quotequote all
Legal answer

You bought a 6 month old motorhome 4 years ago as a consumer (from a motor home dealer) - therefore the Consumer Rights Act 2015 apply.

The motorhome is not of satisfactory quality because it has a manufacturing fault which was present at the time of sale. The fact that it was sold 4 years is irrelevant.

You have the right to repair or replacement or failing that, partial refund.

See sections 23 and 24 which go into detail as to how the rights work.

https://www.legislation.gov.uk/ukpga/2015/15/secti...

Basically if not refund or replacement can be given then its a partial refund.

Given that you have had 4 years use, any refund might be very small. Logically the best thing might be for the dealer to give you a refund to let you get a fix yourself from somewhere else if possible.

That is the theory. If the seller does not play ball then you will need to pursue via county court which is another can of worms.

For info, you can get free basic advice from the Citizens Advice Consumer Service on consumer matters.



normalbloke

8,440 posts

241 months

Thursday 17th August 2023
quotequote all
Definitely some compo due…

Wacky Racer

40,535 posts

269 months

Thursday 17th August 2023
quotequote all
Can you post a picture of the affected "area"?

MattyD803

2,203 posts

87 months

Thursday 17th August 2023
quotequote all
munroman said:
I do have loose trim rattling, from the affected parts, and can see the failure mode developing.

The local Motorhome specialists are the ones who can't get the parts from the Manufacturer.

If I do a mod other than the one the Manufacturer deems correct, using their 'Unobtanium' parts, I will invalidate my Warranty, which will damage future resale value.
Ah, you didn't mention that in your first post. I wondered whether this was down to a 'potential fault developing', rather than something you had already identified.

Nonetheless, my sentiment still stands - get it in with a specialist coachworks repairer for inspection and remediation and off you go....I cannot fathom a situation where there isn't a repair possible that at least keeps the vehicle safe...sure it might not be manufacturer approved, but by the sounds of it, that's a dead end anyway.

As above, some pics would be good - some very clever people on this forum might be able to support / suggest something....

LJF_97

320 posts

54 months

Thursday 17th August 2023
quotequote all
Out of curiosity, what manufacturer is the van?

munroman

Original Poster:

1,901 posts

206 months

Thursday 17th August 2023
quotequote all
Mojooo said:
Legal answer

You bought a 6 month old motorhome 4 years ago as a consumer (from a motor home dealer) - therefore the Consumer Rights Act 2015 apply.

The motorhome is not of satisfactory quality because it has a manufacturing fault which was present at the time of sale. The fact that it was sold 4 years is irrelevant.

You have the right to repair or replacement or failing that, partial refund.

See sections 23 and 24 which go into detail as to how the rights work.

https://www.legislation.gov.uk/ukpga/2015/15/secti...

Basically if not refund or replacement can be given then its a partial refund.

Given that you have had 4 years use, any refund might be very small. Logically the best thing might be for the dealer to give you a refund to let you get a fix yourself from somewhere else if possible.

That is the theory. If the seller does not play ball then you will need to pursue via county court which is another can of worms.

For info, you can get free basic advice from the Citizens Advice Consumer Service on consumer matters.
Many thanks for this very useful advice!

I suppose the crux is the 'reasonable time' issue, given the dealer cannot give me an answer after 5 weeks when my vehicle can be made safe, I think we have moved into 'unreasonable' territory.

To complicate matters further, a Family member has just had some very negative medical results, the sort where the Doctor has already got the Appointment for more invasive tests in the Post....

Depending on this test, we may have to decamp 200 miles, pets and all, to support the Family with Childcare duties, now we are in limbo because of the Motorhome situation.

munroman

Original Poster:

1,901 posts

206 months

Thursday 17th August 2023
quotequote all
LJF_97 said:
Out of curiosity, what manufacturer is the van?
I'd rather you didn't KNow, becUASe of potential legal implications....

r3g

3,750 posts

46 months

leyorkie

1,775 posts

198 months

Thursday 17th August 2023
quotequote all
Just a thought
Have you asked the dealer that when the time comes will they be putting it on a low loader to take it for repair? If they say no then it must be fit to drive.
Seems logical to me that the only way it can be moved is by transporting it some how.
You have said that they think your insurance would be invalidated if you drive it.

Go on ask the question

munroman

Original Poster:

1,901 posts

206 months

Thursday 17th August 2023
quotequote all
leyorkie said:
Just a thought
Have you asked the dealer that when the time comes will they be putting it on a low loader to take it for repair? If they say no then it must be fit to drive.
Seems logical to me that the only way it can be moved is by transporting it some how.
You have said that they think your insurance would be invalidated if you drive it.

Go on ask the question
Already asked that one, 'will talk with Germany and get back to you'.

Delay, Delay, Delay.

They should be politicians!

normalbloke

8,440 posts

241 months

Thursday 17th August 2023
quotequote all