Campervan fault Marquis Motorhomes **They paid up under threat of legal action**

[TheoD]

Eddie Ruddy, he works at the Dinnington branch.

You'veprobably heard of Alan Docherty he's the After Sales guy for the group, his reputation goes before him I think

[BankFodder]

Yes, Docherty is the one.

Okay well let us know what happens and then we will see about your next step. It's about time somebody took Marquis on. Let's see what they found and what the bill is.

[TheoD]

I think the whole industry needs shaking up.. Such large amounts of money are taken and appalling service is given in so many cases

[BankFodder]

Yes you're right – but I'm afraid there is nobody who is going to do that. The only thing you can do is try and sort out your own problem and also go around the Internet leaving reviews about them and your experiences. Maybe that will help to protect others.

 

[TheoD]

Yes you're right . Thanks. I'll post tomorrow when I know the damage

 

[TheoD]

We collected the van from Truma yesterday. They have replaced the circuit board in the boiler, given it an extensive test and the total cost is £421. Less than were were fearing.

Of course I've had to pay. Can I now try my hand and forward the bill to Marquis? 

Should I carry on talking to the After Sales manager or try to go to the Branch Manager?

Many thanks

[BankFodder]

Okay, it's a very manageable amount and I don't really think that Marquis are likely to want to challenge you all the way into court.

If I were you I would simply deal with the person you've always been dealing with – but this time I think it's time to start asserting yourself and exercising a bit of muscle.

I suggest that you send them a letter of claim and make it clear to them that in 14 days you will be suing them for this money unless they reimburse you.

If you are happy to do that then we'll help you along. There is a risk of course that they may call your bluff and take you to a hearing – but the chances of success are extremely high – much better than 90%.

It's about time that Marquis got  pushed around a bit.

[TheoD]

Reply from Marquis... I've googled Globalim and it looks like they are an insurance company, first I've heard of them. I'd probably accept the £421. But surely my claim is against Marquis not the insurance whoever they are.

 

Quote

 

Good afternoon Mr Desnos

 

I have discussed your case, we have contacted Global on your behalf to see if the cost as per your attachment can be claimed back. They have agreed to refund you but you will have to send the invoice direct to them to claim the £421.42. Please send the invoice to  <Claims.L@globalim.co.uk> on your e mail state that Jackie Ord has discussed the case on the 23/9 any problems let me know. We cannot do this for you it has to be between the customer and Global Mr Desnos.

 

During the course of our conversation you made the decision to take the van yourself to Truma, the offer was always there in relation to bringing the van back, at some point we would have probably taken the van to truma regardless. The warranty is a back to base and we do not offer fuel compensation so on this occasion we will not be refunding you the £80.00. In relation to the mobile technician again we cannot refund as all works have to be undertaken back at base.

 

You mention about the waste water pipe, off course we will rectify this at your convenience, please give one of my girls on the front desk a call to get this booked in.

 

With reference to the mileage issue, I have discussed this today and one of my colleagues will be in touch to discuss further.

 

I hope this helps

 

Kind regards

 

 

I was offered Asset protection insurance at a cost of £443 which i declined, Global are the company on the paperwork I was given that day.

[BankFodder]

I'm not too clear as to what is happening here. Did you send a letter of claim? And is this a response to that letter of claim?

They are referring to a company called Global which you say is an insurance company which presumably is offering an extended warranty – which you declined. Is this correct?

Is that what you mean when you refer to Asset Protection Insurance?

I notice that he refers to "my girls on the front desk…" This tells me quite a lot about the kind of people and company you are dealing with in the 21st century

[TheoD]

The insurance we were offered was "GAP" insurance.. They called it Asset protection. We didn't take it out. It was not an extended warranty

 

I am sending a letter of claim now. Emailing it and sending by "signed for" in the morning. I'll give them 14 days as you suggested.

Many thanks

 

[BankFodder]

Well hang on a minute. I'm just wondering what might happen if you accepted the money they got an offer and then sued for the 80 quid. Also I think that in any event, in view of the offer there making I think that it is worth addressing and the points he is making directly.

I suggest that you wait a day while we work out a new form of words

[TheoD]

Don't understand how I can claim against a company I haven't got a policy with?

Also the van was faulty when they sold it so so how can they say that any work has to be done under their warranty.

 

I forget to say thanks! 

[BankFodder]

This thread has been running since August 9 – which means nearly 6 weeks now. No doubt you read around the Internet about this company and yet you still don't seem to realise that all they want to do is protect themselves, pass the buck in terms of legal responsibility and also who foots the bill to other people.

All you got here is denial of liability. They say that they are prepared to give you the refund because they getting it from some insurance company. I don't understand what your relationship to the insurance companies. Maybe it is an insurance company which insures Marquis itself. Maybe they have an insurance against this kind of thing – but in that case, it's a matter been between them in their insurer. Maybe you can explain to me where this company Global fits in it all.

Anyway, the contract is with Marquis. They are responsible. They are the people who are trying to welch on the deal – but they are the people who you must keep very clearly in focus.

I think that Marquis have slipped up on the issue of the delay because they have now told you that they would probably have sent the van to Truma anyway. The fact that you were able to send it to Truma and get it repaired and returned to you as quickly as you have done – shows that the delay with Marquis was completely unnecessary – as well as being unreasonable. This is something that you can use in your arguments.

Have you sent the letter of claim off? Or can we revisit it and reword it?

[TheoD]

No I've not sent it. I'll hang fire until you advise me again.

I understand everything you've said about Marquis, you've expressed my feelings exactly. I've been on forums, review sites and been blocked from posting on their Facebook site.

I know that my claim is against them alone. I have no connection with Global insurance whatever, they provide GAP insurance/Asset protection which Marquis sells to customers, that's as much as I know about them. I kept the paperwork with the offer of insurance that I was given.

This last reply from them has made me quite angry actually as I feel as if they are taking us for fools.

 

Thanks again for your help.l'll wait for your further advice before I do anything else.

[BankFodder]

What's the name of the person who is signing these letters?

[TheoD]

Eddie Ruddy the After sales manager

[BankFodder]

Please check that this is correct. If you don't like the abrasive style then modify it.

I pointed out that you have kept them informed of the actions that you have been taking – this is correct?

Quote

Dear Mr Eddie Ruddy After Sales Manager,

 

Letter of Claim

just so we understand each other, I'm not in a mood to tolerate these delays any further. As you know this is been going on since XXX date. Furthermore as you know, you have certain obligations under the Consumer Rights Act and as you probably realise, you are not honouring those rights.

I'm going to take you to court within 14 days and without any further notice if you don't let me have all of my money.

I have no idea what Global have got to do with it. I have no insurance contract with them – but even if I did, my sales contract is with you.

It is absolutely correct that I took the motorhome to Truma myself – and this was because of your unacceptable delays. If you have too much work so that you are unable to address customer issues promptly then you are overtrading – but that is your problem.

 

I have no idea why you should have such delays – and it is significant that I was able to make an appointment with Truma and have the issue addressed and repaired about a month earlier than

your proposed timescale for dealing with the problem.
The expenses I incurred getting the motorhome to the repairer were costs which I reasonably incurred in my attempt to have the matter solved as part of my mitigation of your breach of contract.

You talk about some "back to base" condition – that this has nothing to do with me and it has nothing to do with my consumer rights.

 

You have been informed of the steps that I have been taking at every stage along the way.

If you don't believe me then let's go to court and when I obtain a judgement against you – as I surely will – I shall also be applying for interest plus the reimbursement of my court fees.

I enclose invoices for the work and also for ancillary expenses with this letter.

 

If you want to pay me the £421, then do that and I'll sue you for the rest

Yours sincerely

 

 

[TheoD]

Sounds good to me.

I'll l get it off to them in the morning. 

I have kept them informed. I told them before I took it to Truma that I wasn't prepared to allow it to drag on any longer so I would get it repaired myself and send them the invoice so that they could reimburse me. 

I told them earlier today that my claim was with them and not an insurance company that I don't have a policy with.I also said that I'm not obliged to have a repair done "in house" under warranty as the van was faulty when they sold it and they'd had the chance to repair it. But I'll happily say it again as in your letter.

I'll update you when I get  response.

 

Thanks again

[BankFodder]

Okay I've made a slight modification towards the end.

You are in a perfect position. There is no need for you to give ground on anything. Maybe they will try to negotiate some compromise. I suggest you refuse. I think you need to lay down your marker right now because you never know what defects might occur with the motorhome later on and they need to realise that you are a customer that won't stand for any nonsense. It will make them take you more seriously in the future and so for this reason, there is a second objective in addition to the money – and that is to establish credibility for the future.

 

[TheoD]

[TheoD]

Am I doing the right thing in emailing and then posting the letter using "signed for" delivery? And should I tell him I'm following the email with the letter? Thanks

[BankFodder]

Yes you are doing the right thing. You can tell them about the follow-up letter if you want – it's up to you

[TheoD]

Thanks

[TheoD]

Good morning

I've attached the reply I've received from Marquis in response to my letter of claim.I would like to add a few things that I consider important.

I first reported the heater fault on August 3rd. That was the 42 day since purchase, but Marquis had had the van for 12 days so the clock stops as I understand it so it was the 30th day which means that the fault was present when it was sold.

They had had one chance to repair and failed to investigate any further.

I think the cost that they are refusing to pay are more than reasonable. An offer of a tank of diesel world have settled part of it.

 

And they are definitely not getting a copy of my bank statement

 

Although I am sure that I'm not obliged to use the Warranty provided I've been reading my Warranty document and it says it's administered by "A1 guarantee ltd "and they are who I should ring to make a claim.The email address to make a complaint is a "global ins" email.

i find it very confusing as in the front of the schedule it says

"This guarantee is a non-insured product, any obligation to repair your motorhome will be our sole responsibility. Should we cease to trade, then this product will no longer be valid"

 

Quote

Good Afternoon Mr Desnos

 

 We have reviewed your case and I am happy to refund you the direct the costs received from Truma totalling £421.00, this can be paid directly in to your account. We would require a copy of your bank statement to include address, sort code/account number.

 

 In relation to the additional costs as mentioned we did not authorise the independent mobile engineer this was undertaken directly by you, the offer to return the van was always there and with this in mind the terms of the global warranty were ignored. With regards to the visit to Truma this was also undertaken without authority from the global warranty agreement.

 

 The fuel costs are not covered within the terms of the warranty and are strictly a back to base warranty with no provision for the costs incurred for travel.

 

 As the vendor of the vehicle, we have certain legal obligations to you in particular under the consumer rights Act 2015, you are also under a legal obligation to take all reasonable steps to minimise amy costs or expenditure for which you intend to hold us responsible.

 

The vehicle was supplied to you with the benefit of a warranty which is being administered by Global. We respectfully suggested that the first such reasonable step would have been to arrange for the problem with your vehicle to be investigated and a claim submitted to the warranty company as previously suggested by Marquis South Yorkshire. Having declined to so you cannot seek to recover this costs.

 

 Please confirm your bank details and a copy of your bank statement so that I can duly process the payments agreed. Also a copy of your driver’s licence for proof to process money.

 

 Yours sincerely

 

 

 

[BankFodder]

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Thank you for your letter of XXX date.

Firstly, I'm not prepared to supply you with a copy of my bank statement under any circumstances. When we go to court – if a judge asks to see it then I shall be happy to provide it there.

You keep on referring to the warranty – but what you don't seem to understand is that over and above the warranty, the motorhome has been sold to me subject to my statutory rights.

It is on the basis of my statutory rights and your legal obligations that I shall be suing you in the County Court.

If you want to reduce your exposure then I suggest that you pay me the money that you agree to pay me and I shall sue you for the balance. However, the clock is still ticking on my letter of claim sent to you on XXX date and I shall be issuing proceedings as soon as that time limit expires.