Repairs

jfisher20

I am at present in a dispute with a motorhome dealer over an engine repair.
The motorhome has been at the base vehicle garage since May awaiting the go ahead for the engine repair.
Pending a settlement of the dispute I have asked the motorhome dealer for us agree, without any prejudice, that the repair goes ahead.
This will save any further expense of alternative hliday arrangements.
The dealer has refused.
I am prepared to pay at this time.
If I gave the go ahead for the repairs myself would it have any effect on the claim against the dealer.
Thanks

4743hudsonj

What?

Made no sense to me im afraid, just re word it to be more factual and clear.

EDIT: ive read it a few more times and am guessing its in the garage and he wont repair it unless you say, so your asking us if you should pay then claim it back? if so still give more info....

unholyangel

Yeah i think he's currently in a dispute with the dealer over a fault?

And that he is willing to pay for the repairs atm but will probably be claiming them back off the dealer if it is the dealers fault. But wants it made clear that his payment for the repairs is not admitting liability for the faults.

The dealer is refusing and - IMO - sounds like he is holding the motorhome hostage =/

4743hudsonj

unholyangel wrote: »

Yeah i think he's currently in a dispute with the dealer over a fault?

And that he is willing to pay for the repairs atm but will probably be claiming them back off the dealer if it is the dealers fault. But wants it made clear that his payment for the repairs is not admitting liability for the faults.

The dealer is refusing and - IMO - sounds like he is holding the motorhome hostage =/

Yeh buts its cloudy, what if its abuse on the OP's behalf and the dealer has spent labour on this and now the OP dispute paying?

Really cant tell until the OP gives us full story.

unholyangel

4743hudsonj wrote: »

Yeh buts its cloudy, what if its abuse on the OP's behalf and the dealer has spent labour on this and now the OP dispute paying?

Really cant tell until the OP gives us full story.

Yeah i'm thinking maybe the dealer doesnt want to repair and be stiffed for the costs.

OP, if that is the case and you truly are willing to wait until everythings settled, maybe offer payment upfront so you can get it back in working order? Of course i would ask for something to confirm you've paid it upfront.

*sigh* if only everything was simples.

jfisher20

I thought I was keeping it simple by not going into the complete dispute.
Right a motorhome is in two bits 1 the vehicle chassis built by Ford, Fiat etc etc and 2 the caravan bit built by another company.
However until recently the servicing of the vehicle bit was only done by Ford etc and the caravan bit was serviced by the motorhome dealer.
This has led to a general acceptence by owners, and not corrected by the motorhome dealers, that any defect on the vehicle side is the responsibility of Ford etc and the motorhome dealer was responsible for the caravan bit.
When my problem arose I sought advice and was told that the motorhome dealer is responsible for the complete vehicle under the Sales of Goods Act for up to six years with decreasing liability.
Motorhomes cover only small mileages and this is used as a main selling point by dealers.
Mine is an 05 reg with 20,000 miles.
I have had a engine failure and am trying to get part of the cost paid by the motorhome dealer under the Act as the Ford dealer, Ford UK, Bosch and an electrical engineer have all said the failure should not have really happened at that mileage.
The van is at present at the Ford dealer and they just waiting for the go ahead for the repair.
The motorhome dealer are claiming no liability
I was advised not to give the go ahead for the repairs myself.
However I am not happy with the van standing around and as I said in my earlier posting getting it repaired could reduce the amount of a claim as I would not have to book alternatives.
However I do not want prejudice my claim against the motorhome dealer.
Hope this has made it a bit clearer but I can assure you there is a lot more but it is not really bound up with my query of my position ofy claim if I get the van repaired myself.

maninthestreet

jfisher20 wrote: »

I thought I was keeping it simple by not going into the complete dispute.
Right a motorhome is in two bits 1 the vehicle chassis built by Ford, Fiat etc etc and 2 the caravan bit built by another company.
However until recently the servicing of the vehicle bit was only done by Ford etc and the caravan bit was serviced by the motorhome dealer.
This has led to a general acceptence by owners, and not corrected by the motorhome dealers, that any defect on the vehicle side is the responsibility of Ford etc and the motorhome dealer was responsible for the caravan bit.
When my problem arose I sought advice and was told that the motorhome dealer is responsible for the complete vehicle under the Sales of Goods Act for up to six years with decreasing liability.
Motorhomes cover only small mileages and this is used as a main selling point by dealers.
Mine is an 05 reg with 20,000 miles.
I have had a engine failure and am trying to get part of the cost paid by the motorhome dealer under the Act as the Ford dealer, Ford UK, Bosch and an electrical engineer have all said the failure should not have really happened at that mileage.
The van is at present at the Ford dealer and they just waiting for the go ahead for the repair.
The motorhome dealer are claiming no liability
I was advised not to give the go ahead for the repairs myself.
However I am not happy with the van standing around and as I said in my earlier posting getting it repaired could reduce the amount of a claim as I would not have to book alternatives.
However I do not want prejudice my claim against the motorhome dealer.
Hope this has made it a bit clearer but I can assure you there is a lot more but it is not really bound up with my query of my position ofy claim if I get the van repaired myself.

Edit - ignore, I misread your post.

Hintza

Have you spoken to Ford Customer service?

4743hudsonj

Ok thats far more clear! You are correct in saying that the motorhome dealer is responsible entirely and ford has nothing to do with this.

Now depending on how long you have had the home (under 6 months?) the burden of proof differs. If its under the 6 months its "assumed" that the fault must have been inherent at purchase and so to reject a claim the dealer must prove it wasnt (which is hard).

If its over then its up to you to prove that it was inherent at purchase which isnt hard, but rather costly as it involves getting an engineers report done which for vehicles can run into the thousands including labour, towing, storage etc etc.

If its in your favour then you have a valid claim for the engine replacement/rebuild and all of the cost of the report etc. IF its not in favour then you have wasted good money after bad.....

This isnt so bad for tvs where the report is £100 max, but for cars its very risky.

As for your question. Yes paying for a repair could hamper your chance of a claim, if you really want to go down this path id write clearly on any forms you sign etc that this is paid under protest due to need of a speedy resolution and action will be taken to recover losses (to cover yourself in the eventuality of court)

Just as a side, what is the cost of the repair? as im thinking this will be over the limit for small claims court if you include the report which then adds on solicitor fees upfront (which can also be reclaimed).

jfisher20

Thanks for all the views.
I have just received legal advice that I should not authorise the repair of the vehicle and have noted that my insurance policy covers the van while it is with a dealer for repair.
I have had the van since 2007 and whilst I realise what has been said I believe I have a case based on the companies selling policies of pushing the low mileage of vehicles regardless of age with such comments as "less wear and tear" or "if it is'nt turning its not wearing" plus the experience of the Ford dealer who has stated in writing that these failures, timing solenoid and fuel pump by the way, are rare at that age and mileage.
The motorhome dealer first claimed it was the age of the vehicle but then changed to say "we are aware that the low mileage of the vehicle may have contributed to or exacerbated the problem rather than reduced the likelihood of it occuring" in writing.
So why was I not warned of this when I bought the vehicle and to
me that blows their, and other dealers low mileage, selling point.
The dealer is still using the low mileage, two examples being
2005 11000 miles - Key Feature Low mileage
1996 46000 miles - Key Feature Low Mileage
They seem to start using this from about two years old.
The cost of the repair is around £2000 and I have asked the dealer for around half this.
Comments please and even though I might not like all of them I do take them onboard.
Oh by the way Trading Standards have told me not to worry too much about reports or comments not in writing but to report everthing I have regardless as a judge can appoint someone if he thinks a report is required.
Only reporting what I was told, in writing, so cannot comment

4743hudsonj

If im honest your still not making an awful lot of sense, im struggling to fully understand what your saying. what im gathering is that the company are using the age of the vehicle as a defence despite them using low mileage as a sales tactic?

I cant understand what your saying about reports and judges? Judges dont appoint reports at all, if your claiming under the SOGA you will need to obtain an engineers report in your favour stating that the faults are an inherent fault and should not have occurred give the age and price of the vehicle.

TS were correct about writing though, keep everything in writing with copies to spare, send any mail recorded delivery and keep the proof so there is no doubt that they receive any correspondence.

If the claim is for £2000 then that leaves you £3000 to get a report before being beyond the jurisdiction of the small claims court .