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Damp in motorhome when purchase 3 years ago


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I'm looking to take a motorhome dealer to Small Claims Court after they have replied to my 'Letter before court claim" saying they accepted no liabilty.

 

How much evidence do i need to provide to the court ?

I have one expert report which complies with Part 35 of the Civil Procedure Rules saying that damp was present when i bought the motorhome, will this be enough ?

 

Thanks

 

FostersLager

 

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yes but i very much doubt he can ever prove it WAS there 3 yrs ago.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

The difficulty here is how that expert has managed to state the Damp was in the motorhome 3 years ago/from when you purchased the motorhome.

 

Exactly where is the Damp in the motorhome and when did you first notice it?

 

When did you report the Damp in the Motorhome to the Dealer before issuing an LBA?

 

Did you consider getting more than one Expert Report on the Damp before issuing an LBA to the Dealer?

 

 

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Posted (edited)

Hi Stu & Dx,

 

Thanks for the replies.

 

The damp is in the floor,

 

it was reported by the dealer at the second yearly habitation check after i'd bought it

 

i had all work, servicing and habitation checks done by the dealer to keep in their 3 year warranty,

 

which looking back is a pretty usesless - but probably typical -  warranty as it just gives you a small discount for any work needed.

 

The dealer then sent me the price to fix the damp, with the small discount applied.

 

I then got a second opinion and quote to fix the damp.

 

This was when i was told by 4 different experts that in their opinion the damp had been present when i bought the motorhome.

 

Two were prepared to do reports stating this, at cost to me obviously.

 

Problem is only one of these reports complies with Part 35 of the Civil Procedure Rules. 

 

In the report that does comply the expert bases his opinion on the levels of mould and evidence of poorly carried out sealant repair.

 

He also thinks the dealer should have identified the issues prior the second yearly habitation check.

 

Will the fact the only one the report complies go against me ?

 

Cheers

 

FL

Edited by dx100uk
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No, and it doesn't matter it's not CPR compliant.

 

Just another doc for your witness statement.

 

As you got scammed into a useless warranty that always costs money and is never ever on anything worth the paper it's written on,

 

they've had you over a bucket from day one on this.  They knew it was there the day they sold it to you . I agree.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Dx but just to be clear i didn't have to pay any extra for the warranty, it was included in the purchase price.

 

Mantis,

What do you mean by "get expert evidence in by the back door but without permission of the court " ?

 

FL

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Quote

Problem is only one of these reports complies with Part 35 of the Civil Procedure Rules. 

 

In reality you would only need one report once you have notified the court on your DQ that you request and intend to use an expert report but out of interest why in your opinion one of the  reports not comply with CPR 35?

 

Andy

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Hi Andy,

 

Thanks for the reply. Its purely because i couldn't find someone that would do a report that complied until around September. Motorhomes and caravans have gone bonkers since Covid.

Forgive my ignorance but what is DQ ?

 

FL

 

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If you proceed to issue a claim and the defendant defends the claim you will then proceed to allocation of the claim that's when you will fie your Directions Questionnaire (DQ) which places the claim in the appropriate track and the same form allows you to request permission to use expert testimony 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 3 weeks later...

Hi All,

 

Thanks for the replies.

I'm now looking to take the dealer to the Small Claims court but its not something i've done before (no doubt the dealer has been in this situation before) and am worried about possible pitfalls.

 

Regards FL

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you must follow the pre action protocol first and issue a letter of claim giving 14 days notice.

then you must follow thru on days 15 if they fail to respond by start a claim on the Mcol website.

 

click small claims and read

 

it will also help you if you use our enhanced google search box

and type in claim raised 

or look in this same forum for like threads 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx,

 

Can you please explain what a letter of claim is.

 

Currently i've sent 3 letters.

 

First a letter to complain about faulty goods quoting Consumer Rights Act 2015.

 

The second with the independent expert reports attached also requesting if they use an ADR scheme. The dealer said they only use NCC IDRS.

 

After submitting all the claim details to NCC IDRS online i got the reply  "the NCC cannot become involved with warranty matters or complaints related to whether a product is of satisfactory quality"

 

The third was the Letter before claim again saying i am willing to use an ADR to avoid court action.

 

Regards

 

FL

 

 

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post up your letter of claim you sent giving 14 days before you start your court claim then please

read upload 

use PDF

 

dx

 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

and its now more than 1 month later.:frusty:

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you dont make a threat of court and then not follow through.

doesnt really make you much of a threat.

 

you could repeat then LOC and then do so on day 15

but you need to read up on HOW to issue a small claims claim. (clickit)

and go read a few evri threads (bankfodder walks people thru the process in many threads) or like threads in this forum yours is in.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Exactly the same letter re-dated or could i add that the only ADR the dealer uses (NCC IDRS) said they could not help because  "the NCC cannot become involved with warranty matters or complaints related to whether a product is of satisfactory quality" ?

 

FL

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You dictate what happens, not be controlled.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why do you have to agree to adr?

 

You don't...

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi dx,

 

So tomorrow is day 14 from my new LOC, the dealer has replied saying they will not be entering into any further correspondence.

I’ve created to a Money Claims account so just need to create the small claim on Friday after reading up on the links you sent in the previous post ?

 

Regards

 

FL

 

 

 

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