advice needed

[johnstafford]

I will try and keep this simple as possible, please bear with me:

Bought our new van 10/3/06 a Bailey pageant ex-demonstrator for £11,000. As soon as we got it home I noticed a small dent in the side just near the kitchen window. Rang the dealer ( a major Bailey retailer) who said they were aware of it and they thought I had also seen it on inspection, which I had not. The salesman and general manager agreed to compensate me with £150.00 credit.

I told them of an awning that the accesories shop was selling of and I would put the money towards this.

Went to day (just two weeks later ) to collect it and was told that it had been sold!!!

They assumed that because I had not been in touch for a while that I didn't want it.

The GM then told me that he did not have to pay any compensation for the dent and that he didn't even need to tell me about it.

An argument followed about customer relations when he turned round and said 'bring the van back for a full refund, you've got 2 hours'......I was gobsmacked!!

I am in the process of e-mailing Bailey and also the Dealers head office.

My main argument is the fact thatr after spending 11k they could not spend 10p on a phone call to see if i still wanted the awning.

There is other things said but I now have no faith in the whole Dealers of which I will have to go to every year for a service.

Any thought would be appreciated.....I have not mentioned the dealership but it is in the north east neer Gosforth.

Regards, a very dissapointed and angry john

 

[wayne_5097681]

i would tell them that if they did'nt cough up i would post there name and how they treated me on every caravan forum on the net that might help

 

[johnstafford]

.........forgot to mention, we also told the GM that we could not just pop up anytime because my wife has MS and can no longer drive and needs rest on an afternoon. He complained about me swearing at him, I said I felt that I had been sh*t on and was extreemly pi**ed of!! John

 

[Lutz]

Although the dealer is not acting in a very customer-friendly manner, I cannot see that he has done anything contrary to your legal rights. I presume the caravan was sold in an 'as seen' condition, so unless you specifically asked for information regarding possible damage and this was withheld, there will probably be little you can do about it.

As for the awning, unless there was any mention of it in the contract of sale or some written agreement that you want to claim first option to purchase it, as likely as not you won't get much joy there either.

 

[coljac]

i would tell them that if they did'nt cough up i would post there name and how they treated me on every caravan forum on the net that might help

Im afraid it wont help as the forums will not alow you to name and shame .To be fair the dealer offered you

 

[Troy_5061709]

John,

I to have had s similar problem with my motorhome, with another dealer in the north east. It seems that once these companies have your money they are not bothered.

Never the less you should'nt feel owing to the mentioned dealor for servicing as you can service your van at any Bailey approved dealorship, and I sure that Barrons near Darlington are approved Bailey dealers.

We were going to visit that certain shop near Gorsforth this weekend for some accessories, but dont think we will bother now after the horrendous service you have recieved.

 

[johnstafford]

The thing is Lutz on the details of sale form it says Bailey Pageant....ex-demonstrator etc. It doesnt say Bailey Pageant......ex-demonstrator, slightly damaged!!

They would not sell a new van like that, and the fact that they offered me some compo surely has guilty written all over it??

Too many people just lie down and take it from people like this, and unfortunatley for United British Caravans..ooops I am not one of them!!!!

 

[Lutz]

Yes, but ex-demonstrator means used not new. If it were sold to you as new, it would be a different story.

I'm not condoning the actions of the dealer but I can see problems in forcing him to come up with more compensation than the

 

[wayne_5097681]

you go for it you've got nothing to lose and every thing to gain go on a busy today and kick up a stink

 

[Tom_5073611]

I'm afraid you are wrong Lutz. Because an item is sold as ex-demonstrator as opposed to new doesn't mean that you have to accept an item as second hand.

If you agree a price of a sale of an item of goods then you accept the property as condition as sold. If new then obviously you would expect the item to be free from damage or fault at the time of delivery or collection.

If ,as Lutz states, you buy ex-demonstrator it does not necessarily mean that you are buying second hand, but the crucial point is simply that you must accept the goods on collection or delivery on your own inspection and acceptance.

Once you have removed the goods from the dealers premises and paid in full the legal title of the property changes.

Therefore if at any stage you find fault with the goods it then boils down to the terms and conditions of the warranty.

If as you say the dealer has offered you recompence for damage to the goods and you accept compensation then it is again your responsibility to see the deal through not the dealers.

Further discussion on this particular case I feel should possibly discussed with you local Trading Standards Office.

Good Luck

Tom

 

[ThePlotter]

This is a difficult one,because the damage was only noticed after the van had left the dealers yard so he will no doubt claim it happened after you left,however you say that he thought you knew about it.Do you you have this in writing?I suspect you are on a loser on this one but if the dealer is of any note he should do all he can to keep his name clean.

As it is a new van I am assuming that due to the cost you may have taken finance to cover the costif you did and if you did this via the dealer contact the finance company as it will be a linked agreement and the finace company will be jointly and severally liable for problems of this nature under the Consumer Credit Act 1983.

 

[johnstafford]

Firstly I agree with Tom, ex-demo and second hand are worlds apart.

I told the dealers that the dent probably would not have put me off the sale,however, It would have been a barganing tool!

I did accept the

 

[Lutz]

I'm afraid you are wrong Lutz. Because an item is sold as ex-demonstrator as opposed to new doesn't mean that you have to accept an item as second hand.

If you agree a price of a sale of an item of goods then you accept the property as condition as sold. If new then obviously you would expect the item to be free from damage or fault at the time of delivery or collection.

If ,as Lutz states, you buy ex-demonstrator it does not necessarily mean that you are buying second hand, but the crucial point is simply that you must accept the goods on collection or delivery on your own inspection and acceptance.

Once you have removed the goods from the dealers premises and paid in full the legal title of the property changes.

Therefore if at any stage you find fault with the goods it then boils down to the terms and conditions of the warranty.

If as you say the dealer has offered you recompence for damage to the goods and you accept compensation then it is again your responsibility to see the deal through not the dealers.

Further discussion on this particular case I feel should possibly discussed with you local Trading Standards Office.

Good Luck

Tom

Surely, an ex-demonstrator is offered at a reduced price because it has seen some use and it would be only reasonable to expect an certain degree of wear and tear, even if only minor, but this may include small dents. One can always haggle over the price reduction to cover such damage etc. but surely that must be done prior to purchase.

 

[Tom_5073611]

The main issues her John are two fold.

One: If as you say the dealer offered you compensation of a hundred and fifty pounds it does not mean that he accepts liability.

Two: Importantly ,if you accept the offer it will be on the dealers part without predjudice , meaning that should you accept his offer yo have no recourse on this matter and his hands are washed completely of this issue.

What you must do is write to the dealer asking for his offer in writing requesting what the offer is for and is it final.

Once the agrremen is made and accepted by both parties then that is ,as the say, done deal. But it must be in writing.

The fact that the caravan was sold as ex-demo does not have any bearing on the fact that it was sold as second hand. These are completely different issues and should not be confused as second hand usually relates to pre-owned.

Tom