Warranty.

Thomas340
Thomas340 Forum Participant Posts: 8

I have just bought a Bailey GT65 Verona 2013. The Dealer I bought it from said it was a van they sold from new and looked after. It has a full service history and when it was brought in for a service a couple of months age the couple decided to exchange it for a new van.

After paying for the van that now sits on my drive I have gone through the service documents only to find them empty with not even a record of the first hand over. I thought at first we had been given the wrong folder for the van.

I contacted the dealer and they say the owner has now said it has been serviced by a friend cash in hand for the servicing done. This not what the dealer said  me when I viewed the van. I'm really confused and don't  know what my right are about the wrong information given to me when I bought the Van. I now realize this invalidates any manufacture warranty on the van. As the reading for water ingress on some point were 15% they say this is fine as anything over 15% need to be checked and sorted. As 15% is on the boarder line I'm a little worried.

I only picked the van up less than 48 hour ago.

Any advice would be greatly received.

Comments

  • caravanerkarl
    caravanerkarl Forum Participant Posts: 29
    edited July 2017 #2

    Well I should not think there is any warrantee left on the van anyway, but purely from a sales issue I would speak to citizens advice quite quickly, from my knowledge (and I'm a little out of date as I used to work with the sale of goods act)  but the information the dealer gave you made up the contract and this information is not correct so the contract of sale is also no longer valid and you should be able to return it to them.

    When you spoke to them about this indiscretion what did they say? if they said something along the lines of "Sorry we made a mistake" then that would strengthen your case.

    if someone sells you something they cannot tell un-truths to make the sale.

  • Thomas340
    Thomas340 Forum Participant Posts: 8
    edited July 2017 #3

    Hi Karlprust.. There replay today was.

    Having looked into this the reason that there is no stamps is the previous customer technically had it serviced but speaking to them yesterday they said it was by a friend who is an engineer and was paid cash in hand and this was never logged with Bailey or in the book.  Now it is out of manufacturers warranty cover anyways but rest assured we have serviced the vehicles ourselves. They have also said they bought the van in.

    They may say there is no warranty left but there would have been. Bailey state.

    The initial duration of the Body shell Integrity Guarantee is six (6) years and the duration of the Manufacturer's Warranty is three (3) years in both cases starting from the original purchase date of the vehicle. It is a condition of the warranty that an annual service is performed on the vehicle in accordance with the service plan. Failure to comply with this term will invalidate the warranty.

    But they can not produce any prof of the works carried out.

     

  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
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    edited July 2017 #4

    Thom, you've been lied to no ifs or buts. They lied to you to get the sale. As said-seek advice asap. If you want to reject the LV that is the way to go. If you just want a reduction(money back to reflect the lack of warranty) then explain to the dealer if they don't negotiate a reduction you will take it further. Maybe even throw in 'Trading Standards', good lucksmile

  • Thomas340
    Thomas340 Forum Participant Posts: 8
    edited July 2017 #5

    Thanks Rocky will do. Will let you know what they say.

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,138 ✭✭✭
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    edited July 2017 #6

    The dealer is guilty of misrepresentation and, as such, is in the wrong. I wouldn't worry about the warranty itself as they are often more trouble than they're worth but that doesn't alter the circumstances of misrepresentation. 

    I agree with the advice from Rocky and, personally, if happy with the van, I would create hell aimed at a meaningful reduction in price and partial refund.

  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
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    edited July 2017 #7

    Good scheme, that way you could help others who've been lied to.

  • Pippah45
    Pippah45 Forum Participant Posts: 2,452
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    edited July 2017 #8

    The dealer is in breach of contract for telling fibs - have you spoken to the Club Legal Department for advice?  You could perhaps push for free servicing and lots of extra?  I got a free service for a Skoda when they messed me about. 

  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
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    edited July 2017 #9

    Pip, if Thoms dealer will happily lie to Him I'd not trust em to actually carry out any work personallyfrown

  • Pippah45
    Pippah45 Forum Participant Posts: 2,452
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    edited July 2017 #10

    Good point Rocky - I moved on with the Skoda after I got the perks!  Perhaps Thomas can get a nice awning or something like that wink

  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
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    edited July 2017 #11

    Skoda(VW) I'd be far more confident in(although they're fibbers toolaughing) not a Dealer after reading the horror stories on CTfrown

  • hitchglitch
    hitchglitch Forum Participant Posts: 3,007
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    edited July 2017 #12

    In 2012 the damp warranty on a new Bailey Unicorn was 10 years but was subsequently reduced to 6 years for new vans (not sure when this happened but I am fairly sure that it was some years afterwards). I reported on this forum that when we sold our Bailey the dealer failed to pass on the warranty information to the ultimate purchaser who as a result failed to register the change of ownership with Bailey. Result - a bill for £5000 for damp ingress against the dealer's limited warranty of £1000. Bailey would not accept liability as they charge a small fee to transfer the warranty which, apparently, was still in my name. We had the van regularly serviced and the book was stamped but the dealer did not advise the new owner to transfer the warranty. A pity because our van went back to the factory twice for damp repairs so the 10 year warranty was extremely valuable.

    It seems to me that if the dealer has given you false information then the redress is an unconditional bodywork/damp warranty for the remainder of the period and this would be my first approach. If no result then a solicitor's letter might be appropriate.

    If the dealer won't accept the extended warranty then maybe it is possible to insure the risk and insist that the dealer pays for the policy.

  • Oneputt
    Oneputt Club Member Posts: 9,144 ✭✭✭
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    edited July 2017 #13

    I guess the moral of this sad story is to view the vans service documents prior to parting with any money.  

  • Bakers2
    Bakers2 Forum Participant Posts: 8,192 ✭✭✭
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    edited July 2017 #14

    This is CT at its best. Not planning on looking ourselves at present but highlights that you can't always trust what you're told. It applies to anything and everything. So jolly good advice.

  • Thomas340
    Thomas340 Forum Participant Posts: 8
    edited July 2017 #15

    Well the outcome. They have apologised said there must had been some mix up. The van was part ext by them not bought in. I has only had one owner and it has been serviced annually, Its just that the book was never stamped. They have give me a 2year full warranty on a 4 year old van and free servicing for the next 2 years.

    Happy with the out come.  

     

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,138 ✭✭✭
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    edited July 2017 #16

    As long as you're happy and have something in writing, that's good, Thom.

    Thanks for the update.

  • huskydog
    huskydog Club Member Posts: 5,460 ✭✭✭✭✭
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    edited July 2017 #17

    It shows that there are some dealers who listen to their customers and "right a wrong" , now go out and enjoy your van     

  • Pippah45
    Pippah45 Forum Participant Posts: 2,452
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    edited July 2017 #18

    Congratulations! 

  • Oneputt
    Oneputt Club Member Posts: 9,144 ✭✭✭
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    edited July 2017 #19

    Well done, seems like a pretty good outcome

  • Milothedog
    Milothedog Forum Participant Posts: 1,433
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    edited July 2017 #20

    Nice to see the OP has resolved it to his satisfactionsmile

    Reading your story made me think of my "new to me" caravan. One owner, fantastic condition and a fully document service history from the supplying dealer, who I have purchased it from. Elddis gave it a 10 year damp guarantee subject to it being serviced and check by an Elddis agent, which it has been. Because it has now changed hands, that is now reduced to 6 years? If the original owner still had it would still be 10 years ?

    Bit of a con me thinks, nothings changed, they also want £75 admin fee to update their owners recordsyell

  • Pippah45
    Pippah45 Forum Participant Posts: 2,452
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    edited July 2017 #21

    Yep Milo that happens with cars too - I sold one a few years back that developed a fault that was only covered by the warranty if I still owned it.  I have to say the Peugeot dealer didn't fully check the ownership!  wink and they fixed it! 

  • caravanerkarl
    caravanerkarl Forum Participant Posts: 29
    edited July 2017 #22

    Glad it got resolved and seems to me a fair outcome from the dealer keeping a customer happy.