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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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On Saturday (20th March) I bought a 2007 VW autosleeper Trooper

Resolved Question:

On Saturday (20th March) I bought a 2007 VW autosleeper Trooper campervan from TC Motors, a dealership in Kent I live in East Yorkshire. It was the biggest investment of my life and I did do my homework. However, when I got it home I noticed that the elevating roof did not completely seal on one side. This clearly is a problem as the vehicle is not water tight. I feel so annoyed because I did examine the vehicle meticulously but did not even think to question the roof design. What are my rights with regards XXXXX XXXXX I take it back to the dealership and demand they fix it? I really would appreciate your advice and help on this matter asap. Thank you.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hello,

 

Thanks for your question.

 

The law states that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault (ie. the inadequate roof seal) wasn't there when he sold it to the purchaser. This is called the "Reversed Burden of Proof".

 

I would take it back to the dealer and approach the situation in a constructive manner stating that you like the car and do not wish to refund, but would like this remedied by them (for no charge). If they difficult then state that you are aware of the above reversed burden of proof and that it is their duty to remedy. You may consider posturing an application for a full refund as a bluff to scare them in to repairing.

 

If they do not accept that there is a fault you should state to them that this will prompt you in to getting it examined by an independent mechanic and you will seek to claim the cost from them and are prepared to make an application at Court for the loss if necessary.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

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