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Subject Topic: dealer
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17/4/2011 at 11:24pm
 Location: somerset
 Outfit: Brightstar
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Hi, we bought used motorhome two weeks ago, found it too compact, especially with over weight elderly dog, so decided to trade it in for van with more space. When we took original van to new dealer, surprise, surprise, he pointed out it was riddled damp, in cupboards and over cab. He suggested we take it back to dealer who had sold it to us. But , as this was a very slow 2hour drive, we decided to cut our losses and trade it in for the new motorhome. My query is, we paid 7500. got 3500 part exchange, so were 4000 out of pocket. Have put it down to our first time ignorance. BUT has anyone else had similar experience, what would all you experienced motorhomers do?? giving us a bad feeling, the dealer we purchased damp van , is just few hundred yards away from our house, and is all signet rings and gold chains, and really doesnt proport to be anything else than a dealer in low price vans. any thoughts apprecated.


17/4/2011 at 11:50pm
 Location: Shropshire
 Outfit: Sterling Eccles SR 636 Nissan Navara
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for 4k I would have returned the van to the original dealer

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hello


18/4/2011 at 12:35am
 Location: somerset
 Outfit: Brightstar
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Mmmm, thats the advice I would give someone else, but he is not the sort type that would roll over and comply. Grey area really isnt it. He didnt assure us there was no damp, and we didnt ask. Mugs! Hubby IS going down road to see him, but going down the trading standards route, well, risky, as we live so near. See what next few days brings.


18/4/2011 at 9:27am
 Location: Keswick
 Outfit: Bailey
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I don't think you will like this advice, but here goes.....When you have legal problems like this you have to use the law to protect you.......I don't think you have

Just because the van was riddled with damp and you lost money on it that does not mean that you have any cause of action, or gripe, against the original seller. There has to be more...there has to be a legal actionable wrong on the part of the seller.

There is limited information in your post to ascertain whether the dealer did anything wrong in law. You say that he did not make any representation to you that the van was not damp, so in that respect he did nothing wrong.

You do not mention the make or age of the motorhome. I see that you paid £7500 which suggests that it was quite an old van (but I may be wrong). Old vans do have some problems. If the van was, say, 20 years old, I would expect it to have problems. If it was three years old it should be Ok. Somewhere between the two there is a dividing line. If it was so old, a purchaser should be on their guard. Being new to buying a motorhome is not sufficient an argument to circumvent your own obligations as purchasers. Sorry to have to say that, but that is reality.

This does not mean that the dealer may have no culpability. The dealer, from what you say, is selling vans in the course of a business, so his business is regulated by the Sale of Goods Act which means that the van has to be fit for purpose. It has to be free from defects bearing in mind its age. Was the extent of the damp such that the van was not actually fit for purpose? So there may have been a breach of the Sale of Goods Act and, as you have had the van for only two weeks, the law says that you are entitled to have the van taken back and be reimbursed the £7500 under the SOGA.

Your problem, in terms of the legal arguments, are

1. You sold the van because it was not big enough, not because it was riddled with damp.

2. The dealer cannot take the van back so you have denied him the ability to comply with the Act and the Regulations issued under it. As I say you have to use the law to protect yourself i.e. take the van back

3. From your post we do not know what actual representations the Dealer made about the van e.g he may have said it was "in need of attention".

4. The dealer cannot examine the van to check out your allegations.

5. Your loss of £4000 will include some loss because your purchaser made you an offer that included some profit for himself, thus your loss is not the full £4000.

6. The only evidence of being "riddled with damp" (in this post anyway) is the statement from the dealer who was buying your old van.

By all means try and get some of the £4000 back and I wish you luck, but I am afraid the odds are stacked against you.

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


18/4/2011 at 11:59am
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A dealer selling old motorhomes will be selling 'as seen' I doubt he will even have any knowledge of them. Anybody buying an old motorhome or caravan needs to be aware that biggest enemy is damp & take a damp meter.

If the motorhome was 'riddled with damp' you would have noticed it. It would have smelt horrible inside & the interior wall panels would have been discoloured with surface hanging off.

I'm guessing there was a bit of damp which would have been an easy fix for £100 worth of materials for anybody with diy skills. I'm guessing the 2nd dealer over egged the damp to screw down trade in price.

If you are buying a motorhome in this price range you are better off buying private from small ad. or ebay, at least price will be low as poss. No dealer selling old motorhomes/caravans is going to give any sort of meaningful warranty, its not worth their while.

Too late now, anyway. Just enjoy the van you have. I take it that was damp tested?


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18/4/2011 at 10:08pm
 Location: bolton
 Outfit: freada compass rally
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we got our first van from cresta caravans wigan what a rip offmerchant didnt lose as much as you but still a lot tried to sort it with him [mike] but hard work so after hundreds pounds and still stuff goin wrong so we found it a new home in a field with some chickins once again thanks cresta caravans [mike]our first van

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not enough weekends or beer


18/4/2011 at 10:33pm
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Feel sorry for people thats been ripped off..

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Animals have feelings..

JEFF................



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