Hi All,

I seem to be going around in circles, we part exchanged our 1 year old motorhome for a newer larger model. It was faulty on it's first outing (water ingress and buckled floor) so we rejected within the first 30 days. The dealership accepted this proceeded to reverse the finance on the rejected motorhome.

The finance on the first motorhome was settled and complete however the dealership went behind our back and reopened the finance with Blackhorse saying we had to take back the part exchanged motorhome as part of reversing the deal. Is this correct as I can't see how they can reopen finance in my name and reset up a direct debit ?

We don't want the first motorhome back and would like our equity so we can go to another dealership and find something we want rather than having to take another motorhome from them which doesn't exactly meet our needs. Citizens advice, the FCA and FO all give different advice and nobody seems to be able to tell me exactly what is correct.

We have missed all the bank holidays so far, a weeks holiday we have booked off from work and have ferries booked for our summer holiday, if we don't get this sorted soon we are going to miss a full year of motor homing which is a real shame. The dealership also delayed the payments back to the finance company on the faulty motorhome which put us in arrears and affected our credit, and when they opened the finance with Blackhorse it was back dated so also put us in arrears.

Please help I am now getting to my wits end with it all and they are starting to be a bit nasty about it all.

According to the Consumer Rights Act you have an entitlement to have your part exchange good return to you. However, there is no indication in the CRA that you are obliged to. How do I present this to the dealership and also the finance company who reopened my account.

Do I need to get someone legal into sort this as I feel like I am just saying things but it's not hitting home.

This is an interesting point and I think it's going to cause problems. You are right that you are entitled to have your part exchange could back – but the Act is completely silent as to whether you are obliged to accept it.

Because of this, I think it would be down to a judge to interpret what was intended by the act and to make a decision. I know this is unhelpful to you because the whole thing is extremely ambiguous.

My own personal view is that by rejecting the goods you are essentially rejecting the contract and that would mean that you are obliged to accept the return of your part exchange goods. However, alongside that you would also be entitled to claim any losses which you have suffered. For instance, if you are offered a particular value for your part exchange good and you accepted it back and then try to sell it but at a lesser value than had originally been offered to you as part of your purchase agreement, then I think you would be entitled to claim that.

By all means go and get somebody "legal" to look at it – but I expect they will come up with the same answer. It really is an open question. Very unsatisfactory.

I'm very concerned that the finance agreement was closed and then reopened without your authority. This seems to me a real abuse and maybe has occurred because of some rather cosy relationship between the dealer and the finance company I would be putting in a serious complaint about this to the finance company and telling them that I wanted to go to the ombudsman. I just don't see that what has happened can be acceptable or lawful.

I know that you want to reject the motorhome – and I'm not normally one for suggesting compromises but in view of the ambiguity of the legislation, might you be prepared to say to the dealer that if they carry out a proper repair – to be inspected by an independent third party – accompanied by guarantee, that you might be prepared to go ahead and accept it.

I'm trying to think of solutions here.

Thank you for your advice.

I think we are going to accept the motorhome back as you say it is a bit of a grey area. I am more concerned at the service provided and the finance being opened in my name again without prior commucation or consent.

The part ex offer was £33k and this has since reduce to £31k if we were to take another vehicle. The finance APR rate has increased from 5.9% on the rejected motorhome to 7.9% on the alternative option. This means we stand to lose £2k on the Part Ex price and also £3.5k on the finance option.

We have a compliant being investigated with Blackhorse but they have 53 days to respond so this is going no where fast.

I am not willing to give the dealership the satisfaction of our business by purchasing another motorhome from them. We may have to part ex our vehicle elsewhere and see if part of the complaint we can gain the lower APR rate. Do you think this seems fair ?

Our part exchange motorhome also need a habitation check completing which was required when we owned the rejected motorhome so I assume we can make sure this is completed as they have sold the vehicle back to us again.

You should be able to walk out of the contract having lost nothing. Keep a careful note of all your losses and then be prepared to claim them.

I'm interested also by your statement that the dealer withheld payments and therefore caused problems for your credit file. This is extremely serious and I think you should let us know more about it. It could be an idea to start a new thread for that – as well as your complaint against Blackhorse

By the way, it looks to me as if you should have done your research before buying from Wandahome. Doesn't quite sound so wonderful - https://www.facebook.com/pg/Wandahome-South-Cave-Ltd-181137061941492/reviews/

http://www.ukcampsite.co.uk/chatter/display_topic_threads.asp?ForumID=8&TopicID=231571

https://wandahome.****edconsumer.com/review.html