We bought a motorhome that’s too heavy to drive – can the dealer charge £3,000 to take it back? DEAN DUNHAM replies

My wife and I bought a motorhome from a local dealership for £21,995. 

Two days later, we discovered in the documents that it weighed 3,850kg – more than the 3,500kg allowed on a standard licence.

The dealer said they’d take back the vehicle and would refund our money less £3,000.

We don’t feel this is fair, as the salesman never mentioned that it might be too heavy for us to drive.

M.H., Dorset.

Heavy load: A couple were told they would lose £3,000 if they returned a motorhome they discovered couldn’t be driven on a standard licence after just two days

Dean Dunham replies: I agree, this is not fair but importantly the position taken by the dealership is contrary to the Consumer Rights Act 2015 – meaning you are actually entitled to a full refund without any deduction.

Let me explain why. Two important principles under the Consumer Rights Act are engaged here.

First, goods (here the motorhome) must be ‘as described’. This has clearly been breached by the dealership, as it failed to provide the information about the weight, which was clearly ‘material information’ that would have affected the purchasing decision of most consumers.

Second, the dealership clearly knew you had a standard driving licence yet continued to sell you the motorhome.

This breaches another obligation under the Consumer Rights Act, namely that goods must be ‘fit for purpose’ – which the motorhome clearly was not, as you cannot legally drive it.

All of this means there has been a breach of contract on the part of the dealership and in these circumstances you are entitled to a free remedy – here being a full refund without any deductions.

You should cite all of this to the dealership, but if it continues to flout consumer laws by insisting on the £3,000 deduction I advise that you do both of the following:

• Tell the dealership that you will report it to the local trading standards office and that you will lodge a claim with the small claims court;
• If you paid any or all of the purchase price with a credit or debit card, make a chargeback claim in relation to the £3,000 deduction – this should work, as the deduction is unlawful.

Alternatively, if you paid via a finance agreement, contact the finance provider for assistance.

Energy firm’s brought in the debt collectors – but I never miss a payment 

My energy company says I am in debt and I’m getting letters from its solicitor and debt collectors. 

I never miss a payment and believe I should be in credit. The meter readings that the company has for me are estimates.

I can’t read my own meter because I am visually impaired. I’ve asked the company to come and read the meter, but it never does. What are my rights?

G.W., Norfolk.

Dean Dunham replies: This is shocking behaviour from your energy provider but unfortunately it’s not that unusual.

I would advise you to contact the company and say that under the Equality Act 2010, service providers (including energy providers) are required to make ‘reasonable adjustments’ for customers who have a disability and therefore make clear it is breaching the law.

Also, make a request it adds you to its Priority Services Register. In light of your circumstances, you should again ask that it arranges for a representative be sent to read your meter within the next 14 days, that future meter readings be scheduled to avoid reliance on estimates and, of course, that it immediately disinstructs the solicitors and debt collectors.

Finally, you should give it the ultimatum that if it does not honour/agree to all of your requests, you will escalate the matter to the Energy Ombudsman.

This should make the provider consider its position again, as defending a claim with the Ombudsman will cost it money and from the information you have provided, it is a claim you will win.

You can easily lodge a claim with the Energy Ombudsman via its online form or the telephone, on 0330 440 1624. It offers large print and Braille.