I purchased a 15 month old 2017 Swift Escape 685 motorhome for 46k in August 2018 which developed various faults, initially minor but getting more serious/worrying over the short time I've owned this.
This is my first ever motorhome and my wife and I purchased this for trips to maintain our holiday home business throughout the year, not just for holidays, the dealer was made aware of this before our purchase.
We decided to purchase a used model because we believed it would have had any initial teething problems solved, so would be more reliable than a new model, my first mistake!
I believe I now have the right to reject this motorhome under the consumer rights act 2015, but I wanted to ask you if I am right in my belief?
I'll list below the initial issues which accurred between August 2018 and October 2018:
* Rear bed broken/collapsed - Repaired by myself as I found this the night before our first use.
* Vibration from torn exhaust shield - Removed by myself for safety reasons, advised by dealer no need to replace.
* Skylight rattling/banging in wind - Rubber seal fitted by dealer to tighten fit.
* Various cupboard doors needed adjustment/replacement of rubber bump stops - Repaired by myself.
* Various window catch's out of adjustment - Packed and adjusted by dealer.
* Emergency tyre repair kit missing - Replaced by dealer.
* Storage cupboard cup and plate holder racks missing - replaced by dealer.
* Wheel alignment/tracking out of adjustment, vehicle pulling to the left - Readjusted by dealer.
* Overhead bed extremely annoying whilst driving ie: rattling, chattering, squeaking - Dealer had already tried to cure this for the previous owners by adding washers/packers, but unsuccessfully.
* Delaminated roof/headlining mainly at the front above the overhead bed, but also some delamination above the shower room wall noted since.
I expressed my concern that ingress of water has caused this as the mattress on the overhead bed has felt damp since we first tried to use this - this was reported to Swift by the dealer during August/September 2018, Swift want the vehicle returned to the factory for inspection/repair under warranty, but the earliest date possible was week commencing February 11th 2019, with an expected completion by week commencing March 25th 2019, Swift also agreed to inspect the noisy overhead bed at the same time.
* Then in November 2018 we found wet seating/puddle of water below side window - I once again expressed my concerns that the mattress on the overhead bed was still damp and I still believed there was water and possibly mould in the roof, and that the water had found it's way down to this seating.
We were assured by the dealer that the water was caused by a lack of a seal around the right side window, allowing rain water in, and more worryingly, in the dealers own words "the right side window could have simply fallen out at any time!"
The dealer resealed the window frame and assured us that the motorhome was again watertight.
The aftersales manager at this point did say that he can understand that we may have lost faith in the vehicle and that they would be happy to have it back so we could purchase a brand new model (we naively assumed he meant at full value).
The final straw for us was around 2 weeks after collecting the motorhome back from the repair of the side window, we found the inside of the roof above the overhead bed was dripping with water all the way across the full width of the roof line, plus the mattress and bed side curtain were also soaking wet, along with the same area around the right side window and below, that had been wet previously.
We took the motorhome back to the dealer on December 19th but the after sales manager was off for Christmas until December 27th.
When we spoke to him around December 27th he said that they had now found the solar panel cable entry point was leaking water in and needed the external fixing box to be replaced and resealed.
I told him I had had enough and now wanted him to take the vehicle back as he had agreed, so we could purchase a new replacement vehicle.
He agreed and said he would ask the sales manager to contact me with a price for a new vehicle.
In the meantime the solar panel roof leak was repaired and the aftersales manager tried to gain information from Swift regarding what was involved in the factory inspection/repair of the delamination, this is because at this point we didn't realise we had any legal rights to a refund and we were hoping for definite confirmation that there was no risk of mould/bacteria in the roof above the overhead bed.
On January 19th we had a call from the sales manager, this is when things turned sour!
Yes the dealer would have our motorhome back, but they would only offer us £38k in a part exchange!
So after just 4 months use and 6 short trips we were expected to take an 8k loss.
I told them I wasn't accepting that and would need to take legal advice.
This is when I found the consumer rights act 2015 existed.
On February 1st 2019 I emailed the aftersales manager to officially reject my motorhome under the consumers rights act 2015 on the basis that it is of unsatisfactory quality and not fit for purpose, and to state that I do not want the factory repair of the delamination of the interior roof as Swift wish to keep the vehicle for around 6 weeks for this.
On February 6th he emailed me back to say he would need to discuss this with his senior management team and would email me back within 7 working days.
On February 15th I hadn't received a reply so I emailed him again asking for a response.
On February 19th (today) I have received a reply to say they do not accept my rejection as they have repaired everything except the delamination of the interior roof, that this is only cosmetic, and that the vehicle has a 10 year body warranty.
My obvious concern is that the roof delamination is due to the ingress of water.
Plus in telephone conversations with the after sales manager he has stated that the Swift technical team have admitted they are experiencing condensation issues with vehicles produced since 2017 that have fibreglass roofs and overhead beds, possibly due to temperature differences, and that having checked other vehicles at the dealership for servicing, they have found condensation in a number of those as well.
** And yes, I have recorded these conversations thanks to the advice on this forum, thank you for that **
So to summerise I believe the motorhome is not fit for purpose because:
* The health risks of damp/bacteria in overhead bed area, either due to condensation issues or trapped water in roof.
* The repair at factory would be a further 6 weeks of no use.
* We purchased this mostly for business trips for which we've had no use since December 19th.
* The quality of the vehicle is not satisfactory.
Am I correct in thinking that I now have the right to reject and expect a full refund as my email of rejection was sent during the 6 month period?
I almost forgot to add, I paid roughly half by debit card and half is on hp, the hp company say they will only need to get involved if we don't come to an agreement with the dealer, their t&c's seem to suggest the same.
Thank you in advance and apologies for such a long thread!