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Thread: Consumer Rights act 2015 Reject a motorhome as not fit for purpose?

  1. #1

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    Consumer Rights act 2015 Reject a motorhome as not fit for purpose?



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    Having purchased our new motorhome in feb2018, we still cannot use it properly. Getting so fed up about it, particularly as just seen our old self build, and this has highlighted what a problem the new one is!
    Problems still not resolved are
    1.Unable to use the shower as no curtain
    2. Unidentified rattle under floor only relieved by having a heavy weight on it
    3. Maybe connected to (2) the waste water bubbles into the shower tray if waste tank is more than half full. Retailer suggests a plug to stop this but says probably the design!!
    4.Cushions all squashed and uncomfortable after a week sleeping on them
    5. Door handle on bathroom missing
    6. Waiting now for a replacement radio as this is faulty which affects the odometer and steering wheel controls for Bluetooth ( don't understand exactly but they did a software fix which didn't work!) Odometer flashes constantly.

    All these faults have been notified to the garage in February and March and we have been waiting for them to "get parts" consequently we cannot use the van for the purpose purchased. So fed up and disappointed we are now thinking that we will reject it as not fit for purpose since they have not managed to fix anything yet! Does anyone out there have more knowledge about whether we would have a case? There is a six month time limit I think,
    Are we being unreasonable? Planned to drive to Portugal fairly soon but don't want to with all the issues!
    Opinions would be appreciated.
    Last edited by REC; 06-05-2018 at 18:09.

  2. #2

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    Well it's not right, but you have to be seen as being reasonable.

    If you can then get rid of it.


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    2-3 months is far too long to be "reasonable" in my view. I think you need to put all this in writing to the company and ist all the defects and the date from which you have been trying to get these resolved. Give them a time frame deadline - say 2 weeks - to complete all repairs otherwise you will refuse to accept it back as "unfit for purpose" and will ask for a full refund, prior to taking Court Action if this does not happen. But you need to be willing to take them to court and it is costly and it does take months to get through the system....... good luck
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  4. #4

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    Just had a quick read of the Which consumer article, and the law seems to be different in relation to vehicles. Probably best to get a quick consultation with a solicitor. Good luck whatever route you take. I'm at the Hereford meet at the moment and have heard of two members with new vans who have fridges that don't work.

  5. #5

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    Thanks! I was reading the which guide too....they can deduct for use but that's ok as our main use has been driving to the dealer and fiat specialist to try and get resolution! Paid for a big chunk on credit card then cleared card immediately but think we have redress through them too. Plan on putting it all in writing tomorrow but, having seen our previous vehicle have realised how bad this has been! Don't think our son will give it back but would prefer it!
    Don't plan on starting it unless following through...but wondered if our idea of "reasonable" coincides with others!

  6. #6

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    I don't think you have a leg to stand on annoyances rather than you cant use the van...the positive side is you have a tri party agreement that makes the credit company liable


    Local trading standards will assist you, and whislt you have a grievance they will advise re rejecting parts lead times etc being sufficient grounds

    Channa
    Last edited by channa; 07-05-2018 at 06:00.

  7. #7

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    Quote Originally Posted by REC View Post
    Paid for a big chunk on credit card then cleared card immediately but think we have redress through them too.
    The value of goods is limited to 30,000 on credit card, IIRC from our discussions with CAB some years back it is not pro rata, so even if you paid 10,000 on card for a 35,000 van, they are not liable, but by all means ask.

  8. #8

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    Quote Originally Posted by REC View Post
    Odometer flashes constantly
    The main Electronic Control Unit ( ECU ) is not happy and it tells the driver by flashing. Best people to solve the FIAT based bit is your local FIAT PROFESSIONAL DEALERSHIP. They have all the kit to work out what is exactly wrong with the ECU and access to the latest updates from the factory. Dealers don't have a clue. If it has a Sat Nav fitted that is not a FIAT one then you can have all sorts of problems.

    SWC can be a right pig with a none FIAT head unit. You need a CanBus listener that can work out which buttons on the steering wheel have been pressed.

    My write up on the FIAT Forum

    The CX-401 worked but I had to amend it slightly inside to stop it transmitting on the CanBus as it started the Odometer Flashing.

    Some people have been told by their dealers that all the Odometers flash ..
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  9. #9

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    Quote Originally Posted by QFour View Post
    The main Electronic Control Unit ( ECU ) is not happy and it tells the driver by flashing. Best people to solve the FIAT based bit is your local FIAT PROFESSIONAL DEALERSHIP. They have all the kit to work out what is exactly wrong with the ECU and access to the latest updates from the factory. Dealers don't have a clue. If it has a Sat Nav fitted that is not a FIAT one then you can have all sorts of problems.

    SWC can be a right pig with a none FIAT head unit. You need a CanBus listener that can work out which buttons on the steering wheel have been pressed.

    My write up on the FIAT Forum

    The CX-401 worked but I had to amend it slightly inside to stop it transmitting on the CanBus as it started the Odometer Flashing.

    Some people have been told by their dealers that all the Odometers flash ..
    The fiat dealership has had it in three time ! Thought it was an easy fix but rebooked it as was not. Next had it for the day while they spoke to fiat to try and sort it . Fiat then developed a special software which should have fixed it...took it back for another day. Did not work so now waiting for a new radio!
    Apparently Fiat "had never seen this particular issue!". The annoying thing is that the van was sold with miles on the clock as taken to exhibitions so the retailer should have known and sorted it out!

  10. #10

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    Quote Originally Posted by REC View Post
    The fiat dealership has had it in three time ! Thought it was an easy fix but rebooked it as was not. Next had it for the day while they spoke to fiat to try and sort it . Fiat then developed a special software which should have fixed it...took it back for another day. Did not work so now waiting for a new radio!
    Apparently Fiat "had never seen this particular issue!". The annoying thing is that the van was sold with miles on the clock as taken to exhibitions so the retailer should have known and sorted it out!
    If it's a Fiat Connect5 I have one on top of the wardrobe, you cannot even put in a POI file in it. They expect you to do it one by one

    Our local Fiat Dealer has been great. I sat with their tech guy in the cab while it was linked up so I could see what the problem was. The CX-401 unit I had connected to the CanBus was telling the ECU that it was a radio. The ECU didn't believe it .. Removal of the CX-401 SWC unit solved the problem so I didn't have any SWC. Next part was making the CX-401 unit into a dumb unit. Opened it up and traced the transmit line to the CanBus controller chip and cut the track. That shut it up and everything now works.

    Hope you get it all sorted. It's very frustrating.


    The Consumer Rights Act 2015 gives you the right to ask for a full refund in the first 30 days buying any product that proves to be faulty, including new and used cars.

    The law also provides protection for servicing and repair work that renders your car faulty. If you believe that a service or piece of work hasn’t been carried out with reasonable care, you can ask for a refund or for the work to be repeated.

    The law states that a vehicle must be of satisfactory quality, fit for purpose and as described. If it’s not, you’re entitled to hand it back and get all your money back. It’s worth noting, however, that the seller might not accept your rejection, in which case you'd have to start court proceedings against them if you want a refund.

    To be of satisfactory quality, a car must not be faulty or broken when purchased, and it must be of a standard that a reasonable person would expect, taking into account its age and mileage if it’s secondhand. An older car with more miles on its clock isn’t expected to be as good as a newer one with a lower mileage, although both should be roadworthy, reliable and of a quality consistent with their age and the price paid.

    The car should be fit for the purpose for which it’s been supplied; this includes any specific purpose you tell a dealer you want to use it for prior to buying it. So if you’ve told a dealer you want to tow a caravan, the car should be capable of doing this. It should also match any description you were given of it, or any model shown to you when you bought it.

    ..
    Last edited by QFour; 06-05-2018 at 19:20.
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