Bailey Approach 730

adrian1960
adrian1960 Forum Participant Posts: 4
edited June 2016 in Motorhomes #1

Hi can any help with the new consumer rights act We bought a Bailey Approach 730 on 1st May 2015 it has already been back to the dealer twice for waranty issues it has to go back twice more once for engine issues and once for motorhome issues and they need
it for 10 days to remove the control pannel and send it back to bailey for testing. Now it is costing every time I return it as its a 150 mile round trip for me. In an original post under Entitled
Bailey Approach 745 it was surgested under the sales of goods act we would be entitled to reclaim our costs from the dealer and we should give them one chance to put everthing right otherwise we will return motorhaome for full refund however this post
was prior to the act changing in 2015. Can any one tell me if I can still claim costs and what the legal position is please or where I can get reasonable price help.

Thanks

Adrian

Comments

  • DavidKlyne
    DavidKlyne Club Member Posts: 13,866 ✭✭✭
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    edited June 2016 #2

    Adrian

    Is it not possible to use a dealer closer to home? Our 740 has had to go in a couple of times in addition to normal servicing but luckily our dealer is only 20 miles away and they will loan us a car if required. Can't help with the ins and outs of the law but if that is a route you wish to go down perhaps best to consult a solicitor?

    David

  • adrian1960
    adrian1960 Forum Participant Posts: 4
    edited June 2016 #3

    They are the cosest dealer to us also I have been advised by them and other Bailey dealers that all waranty work must be compleated by the selling dealer. When I was having problems in booking the service they told me to use another dealer but the next closest
    a round trip of over 200 Miles wanted £ 80 more for the service.

    Adrian

  • QFour
    QFour Forum Participant Posts: 442
    edited June 2016 #4

    Unlike when you buy a new car a MH Dealer is an Agent and buys from the Manufacturer. He then sells you the vehicle and your contract is with him. I had all sorts of problems with our Swift MH and finished up repairing it myself. I kept a note of expenditure and presented the Dealer with a bill. All itemised when they refused to pay I presented them with the Small Claims Court paperwork. Another Bailey Dealer has his own customers to keep happy so why should he take on someone else's problems. If you have problems with the base vehicle use a local Truck Specialist rather than a MH Dealer for warrantee work. They will probably give you far better service. I have used Sherwood Van and Truck as they are a Fiat Proffesional Service Centre. Then let your Dealer sort out the habitation part. i assume they don't keep a control panel in stock and Bailey wI'll not send one until it's been tested to see if it is faulty. Perhaps your Dealer cannot work out which bit needs replacing.

  • Reevsie
    Reevsie Forum Participant Posts: 18
    edited June 2016 #5

    I think your best option in this is to seek proper legal advice. No disrespect to the posters but on forums you tend to get a lot of posters who do not know the legalities of such issues. Such an expesnsive item I would seek proper legal advice from solicitors.
    In my personal experiance a soiocitors letter was a good investment for me and got myself results that just complaining did not het me. 

    Good luck..

  • Rubytuesday
    Rubytuesday Forum Participant Posts: 952
    edited June 2016 #6

    Adrian if you are a member of CC you are entitled to free legal advice, I'm sure they will put you on the right road, just remember to keep all emails / texts ect regarding your van also petrol receipts where possible, if you have lost bookings and deposits
    as much proof as possible, when we had a problem with a dealer a few yrs ago the CC legal was brilliant for us

    good luck   

  • Unknown
    Unknown Forum Participant
    edited June 2016 #7
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  • Unknown
    Unknown Forum Participant
    edited June 2016 #8
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  • adrian1960
    adrian1960 Forum Participant Posts: 4
    edited June 2016 #9

    Hi thanks every one I will try the CC legal help

  • Tammygirl
    Tammygirl Club Member Posts: 7,957 ✭✭✭
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    edited June 2016 #10

    I would be interested to know the answer to the OP's question as we also have a Bailey and our dealer is 180 miles round trip. We have had a few warrently issues and where possible try to get them done at the same time as the service but that is not always
    possible. We might be having to take it back again under warrently this time they will need it for around 10 days, the costs involved in taking it up to them then getting home and then back up to collect are not huge but when you have had to do it 4 or 5 times
    it does start to mount up. Is it the manufacturer that you would claim against, I can't see it would be the dealer its not his fault if the build is rubbish, is it?

  • Unknown
    Unknown Forum Participant
    edited June 2016 #11
    The user and all related content has been Deleted User
  • QFour
    QFour Forum Participant Posts: 442
    edited June 2016 #12

    I would be interested to know the answer to the OP's question as we also have a Bailey and our dealer is 180 miles round trip. We have had a few warrently issues and where possible try to get them done at the same time as the service but that is not always possible. We might be having to take it back again under warrently this time they will need it for around 10 days, the costs involved in taking it up to them then getting home and then back up to collect are not huge but when you have had to do it 4 or 5 times it does start to mount up. Is it the manufacturer that you would claim against, I can't see it would be the dealer its not his fault if the build is rubbish, is it?

    Your contract is with the Dealer who supplied it. They are responsible for all the repairs that need doing under warranty. The Dealer gets reinbursed by the Manufacturer on agreed terms. We bought our MH from a Dealer that is 190 miles from us. It was our choice to do it so if it needs fixing then it's down to us to return it. I normally do the minor bits myself as it's much easier. When we had a Swift the Dealer told us that we had to take it in for photographs to be taken of the problems but only Mon - Fri appointments available. When the work was approved it had to go back for the work to be completed. Total waste of time. 

  • Tammygirl
    Tammygirl Club Member Posts: 7,957 ✭✭✭
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    edited June 2016 #13

    Thanks guys, we don't have a problem with the dealer he is great, always sorts us out quick time or works around our plans, wouldn't want to ask him to reimburse costs, but wouldn't mind charging Bailey for the inconvenienceWink

  • adrian1960
    adrian1960 Forum Participant Posts: 4
    edited June 2016 #14

    I think you will find that under the sale od goods act or its replacement the consumer act the dealer is the person that your contract is with and its them you need to pursue for costs.

  • Quasar524
    Quasar524 Forum Participant Posts: 148
    edited August 2016 #15

    Unlike when you buy a new car a MH Dealer is an Agent and buys from the Manufacturer.

    Bailey actually specifically state in their T&C that the dealer is NOT an agent

  • paulkerryg
    paulkerryg Forum Participant Posts: 10
    edited August 2016 #16

    Unlike when you buy a new car a MH Dealer is an Agent and buys from the Manufacturer.

    Bailey actually specifically state in their T&C that the dealer is NOT an agent

    The industry uses (and mixes) up the terms which leads to a element of confusion.  For example our local motorhome retailer happens to be a dealer for one brand and the distributor of another.
     

    Either way, your contract is with the legal entity identified in the T&C's attached to your signed purchase order paperwork.  

    I always enquire about the retailers formal relationship with the manufacturer and look into the financial health of the retailer as part of the purchase decision especially if they are a distributor.

     



  • Vincevan
    Vincevan Forum Participant Posts: 51
    edited August 2016 #17

    Hi

     

    Just come in on this one.

    We purchased a new Chausson 717 new in 2014 and had problems with it.  In the end, because of no action by the dealer, Stowmarket Caravans who have since gone out of business, I called the Trading Standards people and they were very helpful with our  rights
    and how to approach Stowmarket with our legal rights including letter wording etc.  Once Stowmarket received the letter tey reacted ery very rapidly - problems solved.  Do contact your local Trading Standards department if in any doubt as they are extremely
    ready to help.