Know your rights when buying a new outfit
One of the benefits of Club membership is your access to our Legal Advice helpline, provided by our friends at Law Express.
Many of the questions members ask relate to their rights when they are buying or have bought an outfit, so we asked Law Express to provide us with some information.
What consumer rights do I have when I purchase a caravan/motorhome?
When buying any caravan or motorhome from a dealer, it is helpful to know that the Consumer Rights Act 2015 (CRA) sets out what a consumer should expect from a seller and their rights if things are not as expected.
Put simply, any goods must be fit for the purpose for which they have been bought. Therefore, the goods must do what you would normally expect them to do, must do what the seller says they should do and they must also be fit for the purpose for which you want to use them. Goods must also be of satisfactory quality for that purpose and must be in a condition and of a standard that a reasonable person would consider acceptable. There are a number of areas in which goods can be regarded as being ‘satisfactory’. They must be safe, of an acceptable appearance and finish when they arrive, and durable. Any goods you buy should match the description given to you by the seller.
If your goods are not satisfactory, for any of the reasons set out above, it is possible that one of the following remedies may be available: reject the goods; have the goods repaired; have the goods replaced; and if none of those options work, obtain a full refund.
What is the short-term right to reject a caravan/motorhome under the Consumer Rights Act 2015?
Under the CRA consumers have a statutory right to reject faulty goods within 30 days of the contract. The 30 days will usually begin when the caravan or motorhome is delivered to the customer.
If the goods are subject to a repair during this time, then the period is paused and resumes once the repair is complete. The right to reject the goods is generally used for issues which perhaps cannot be repaired and for which rejection is the only reasonable course of action. For larger items, such as a caravans and motorhomes, it is not necessarily proportionate to reject the vehicle if there is a small scratch on the paintwork. However if, for example, a motorhome fails to start, that could be a reason to reject it.
What are the rights to repair and replace, and the final right to reject under the Consumer Rights Act 2015?
A buyer can request an item be repaired or replaced, provided the chosen option is not disproportionately expensive to the price of a replacement. There is an additional statutory right, if the repair fails, to ask for a price reduction or to reject the goods at that point.
Any price reduction could be up to 100 per cent of the value of the goods, but an allowance may be made to reflect the buyer’s use of the goods at that point. Where repair or replacement cannot satisfactorily address the issue, a final right to reject exists. This is a right to reject the item outside of the 30 days after the item was delivered.
What additional protections do I have if I buy on a credit card or via a hire purchase agreement?
Section 75 of the Consumer Credit Act provides additional security when buying goods over £100. It is not necessary to pay for the goods entirely with your credit card, merely that part is: for example, you may pay the deposit for the goods with your credit card and the balance with your debit card. If the goods are faulty, not delivered or not of satisfactory quality then you may make a claim to your credit card company in the same way that you would to the seller of the goods. You are able to make a claim to the seller and the credit card company at the same time. If your credit card provider will not deal with the issue and refuses to accept there is a claim, the matter can be referred to the Financial Ombudsman Service.
Where goods are purchased on hire purchase (HP) these are also regulated by the Consumer Credit Act. In this case, the finance company would be responsible if the caravan/motorhome is not of satisfactory quality.
What should I do if a dealer refuses to offer a remedy when my new caravan/motorhome does not conform to the Consumer Rights Act 2015?
If you cannot agree of course of action with a dealer, you should consider raising a formal complaint with them. If this does not resolve the issue, check whether they are a member of The Motor Ombudsman, where you can raise the complaint further.
If you have purchased the caravan/motorhome on hire purchase, follow the relevant finance company’s complaint process. If this does not resolve the matter, you can escalate the complaint to the Financial Ombudsman Service.
Where these options do not remedy the issue, you may have to consider taking legal action. Any legal action should be taken through the Civil Court. The Small Claims Court service may be available, but usually only hears claims up to £10,000. Whilst this service is designed for people who wish to represent themselves, often it is not suitable for higher value claims relating to caravans and motorhomes. Higher value claims can be heard at different levels of the Small Claims Court but it is advisable to instruct a solicitor if this is the case.
And here’s some handy links to some of the legislation and organisations mentioned in the article above:
Consumer Rights Act 2015:
https://www.legislation.gov.uk/ukpga/2015/15/contents
Consumer Credit Act:
https://www.legislation.gov.uk/ukpga/1974/39/contents
Financial Ombudsman Service:
https://www.financial-ombudsman.org.uk/
Motor Ombudsman:
Remember, if you are a member and have any questions about your legal rights, the Club’s Legal Helpline may be able to help you. Their legally qualified staff are available 24 hours a day.
Just call 01275 378 728 and have your membership number to hand.
The service covers UK law, but Law Express are happy to offer practical assistance whenever possible for problems occurring overseas.
