Cork couple awarded €14,000 over defective work on camper van

Simon Murtagh said he had offered to do the work himself and he could not see any reason why the Buckleys would think that the quality of work he would do would be any different to anyone else’s.

Camper vans at Garrylucas, Cork. File Picture: David Creedon / Alamy Live News

A Cork couple who contracted a Co Meath father and son to convert a Renault van to a camper van at a cost of €19,295 claimed in court that the vehicle had 15 faults in the workmanship, and that it was returned to them “in a dangerously defective condition”.

Kieran and Olwyn Buckley, of Bowningtown Lodge, Ballinlough Rd, Cork, took a civil claim at Navan District Court against father and son Matty and Simon Murtagh, Actionhorse Ltd, trading as Van Life Conversions of Otterstown, Athboy, Co Meath.

Ms Buckley, represented by solicitor David Browne, told Judge Marie Quirke that the work on the vehicle was to take seven weeks but, in fact, took seven months and a fuel line had been left exposed, constituting a “significant fire hazard”.

In December 2020 she and her husband wanted a camper van for holiday purposes.

Following a recommendation from friends, they went to Simon Murtagh’s yard where he showed them a van. However, they wanted something bigger. They decided on a vehicle and Simon Murtagh said he would do it up. 

He emailed a list of components needed and, during a visit to their house in Cork, they handed over €5,000 in cash. He told them he now had a permanent job but would work on the van the rest of the time. 

The Renault van, for which they paid €7,000, was to be converted in seven weeks and the overall price was €16,500. There was “no haggling” and a component list was agreed between them, she said. 

In March 2021, €5,000 was sent to Mr Murtagh Snr’s account, and a further €4,000 in July.

Vehichle 'leaking'

On the way from collecting the vehicle in Meath they had pulled into a garage to get diesel, and they found that “the diesel had started to pour out from the end of the van”. 

There were numerous other issues, the court heard. 

Ms Buckley said that the vehicle was leaking and water poured in through the ceiling onto cushions. The electrics were under the cushions and they were very concerned about this, she added. Other complaints raised included roof lights leaking and no fans in the roof lights as agreed; sliding door misaligned; fresh water and waste tank problems; the diesel night heater was leaking fuel; no sink had been installed in the bathroom, no portable toilet had been fitted and the shower was leaking; the gas bottle was not secured or in a gas locker; there was no reversing camera.

Ms Buckley said they were to collect the van at Easter but there was no sign of it in May. 

“When we contacted Mr Murtagh, he said he was under pressure and that we were harassing him,” she said.

Cross-examined by Simon Murtagh, representing himself, who asked if she had any proof that they had handed €5,000 to him, Ms Buckley replied: “It was only my husband, myself, and you who were there”. 

Mr Murtagh said he had proof that the Buckleys had done 3,500km in the vehicle and he asked how that had arisen. Ms Buckley said that they had visited their grandchildren in West Cork but they could not use the vehicle as a campervan, but “just as a vehicle”.

Motor assessor Keith Ballard said that his examination of the vehicle found that it had a number of shortcomings. 

“The workmanship was poor and the vehicle was dangerous because the diesel was leaking,” he stated. He believed it would take €10,050 to remedy the problems on the vehicle.

'Very little involvement'

In a statement to the court, Simon Murtagh said he had never been involved in the Actionhorse company, had never been paid any money by it, and he was only ever doing work to help his father. He said the only reason he was standing in court and “taking all of this on me” is because he was the person with most to lose. 

He said it was only on the day of the court case he discovered that the claim had been contracted with him “because I have had very little involvement in this whole process”.

There had been problems with the supply chain of components because of the Covid lockdown, he said, and the project had gone way over budget because of the component shortages, and alternative parts had had to be sourced from other suppliers at a higher cost. 

He said the contract appeared to be impacted by the Buckleys themselves due to requests for extra parts and labour after the final price had been agreed.

Agreement could not be reached to rectify the issues. He said a “very generous offer” had been made to the Buckleys comprising of 10 days' work at 10 hours by day to work on the vehicle to rectify it, and that would have been at a cost to himself.

He contested aspects of the claim before the court, saying that he had not lived at Otterstown but at Oranmore, Co Galway, and had never owned, operated, or carried out a business at Otterstown as stated by the Buckleys in their claim before the court.

He added that what needed to be resolved in the case was more about time and labour rather than components, and that if the case went against him he could not afford to hire a third party to complete that labour.

He said he had offered to do the work himself and he could not see any reason why the Buckleys would think that the quality of work he would do would be any different to anyone else’s.

He admitted to Mr Browne that there were shortcomings with the workmanship. He empathised with the Buckleys and their situation and the whole process had put a “massive strain on the relationship between himself and his father" to the point where he could not be involved with either the Buckleys or his father any more.

Judge Quirke awarded a decree to Mr and Ms Buckley for €13,922.57 and €1,000 for the loss of the use of the vehicle as a camper van from August 2021 to April 14, 2023. 

She also awarded them their legal costs and said that vouched witness expenses should be paid.