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mprcomp

Rejecting Caravan

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I feel terrible having to write this but after having a good relationship with our dealer we have been frustrated by the number of issues with our van. 

 

We have a Adria Tamar Van. It's had the following issues

 

1) The front seal leaked so water was coming in the window. The dealer replaced the seal but noticed weeks later was still off scale damp. So took it back and they put dehumidifier on it but still took around 3/4 weeks at dealer to try out. Just checked at weekend and over 20% so still not dried out.

2) Due to the dealer and myself using a damp mete the front board around the window looks like swiss cheese. I did think this might have been replaced but hasn't so have 6 month old van that looks years old at front.

3) The main window had a scratch on so sent it back to get new front window. The new front window that has been fitted also has scratch on. Dealer didn't replace second one but used something to reduce it but it's still there. 

4) On our first trip out a connection burst and water around back end of van under kitchen and bathroom units so walls will have absorbed some of that as will the floor.  Dealer drove up to site to fix it but worried it's soaked into the van.

5) Noticed the battery box has a crack in it. Dealer said will order new now.

 

I have been really patient with dealer but sent email other day saying don't think van is fit for purpose due to the number of issues since we picked it up start of November and that damp could have been in front for ages. Has anyone has similar issues and been successful asking for new van or refund? They have replied saying they acknowledge the complaint and will get back to use within 10 working days are asking their legal team to go over the complaint.


Thanks,


Paul 

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Sorry to hear it.

You'll find an ocean of support on this forum once folk catch site of your post.

I've had a lot of trouble with my vans but never been as far as the rejection process so i'll let those that have advise you.

Looks like you have a good case under CRA to bounce the unit.

Good luck.

Stay calm.

GB.

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It sounds like you have been really unfortunate with the build quality of your caravan but it does sound like the dealer has been understanding so far.

I thank you for not mentioning their name at this stage and hope that other members will respect this and not ask you to break the forum rules by naming and shaming the dealer.

I feel sure that others will be along soon to offer their advice.

Gordon.

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Thanks for posts so far. Does anyone have any advice on this?

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Good luck, but don’t hold your breath on the dealer taking it back!

 

Andy

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If there is finance of any kind on the van contact the finance company, let them know the issues and your plans to reject.

Check out this thread

 

 

https://www.caravantalk.co.uk/community/topic/122292-rejecting-caravan-after-10-months/

 

 

 

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I paid some on Credit Card. I will see what they say but will probably contact legal advice through union and see what Credit Company say as well. I suppose if they come back it will be more repairs to a van only in possessions  4 months and probably been in dealers just under a month so far. 

Edited by mprcomp

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Both credit card company and union are good ideas, I've kept up with my union subs since retiring purely for the legal backing. 

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Not impressed the dealer has been using an invasive damp meter that will obviously leave damage.

Way back in 2002 my dealer was using a non damaging, I suspect ultrasonic, damp measuring device.
 

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You have given the dealer ample opportunity to remedy the fault, you therefore have the legal right to reject this van and ask either for you money back, or a replacement. 

There is no “maybe” about this, it is your right, get the credit card company involved because they will cover up to £30,000, although I think this amount has gone up higher recently.

My friend got all his money back plus £7,000 expenses, when he returned his 2 year old van which the dealer had had more time than he had.

He simply outlined all his problems, said he would no longer put up with this and WAS returning it. Do not take no for an answer, return it, you have been reasonable, they have not fulfilled their end of the contract by providing a van “fit for purpose”...........Peter

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I have not picked up on the time scale involved here, that would have some bearing.

 

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I am not good a searching forum did not someone reject a van on this forum.

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13 hours ago, mprcomp said:

Thanks for posts so far. Does anyone have any advice on this?

In 2017 we rejected a caravan that was on finance.  At the time of rejection the caravan was 11 months old.  It was a battle however with the help of Which Legal Services, we took on the finance house and the FOS and eventually won after about 4 months.  If required I can help as still have all the documentation however it may be better to mainly do it through a PM with occasional updated posts on this thread.

I can only offer advice based on our experiences and how you use that advice is up to you.  Hopefully you have already rejected the caravan in writing using Consumer Rights Act 2015 as you need a paper trail.  No good stating you "think" and "are asking" for a refund.  Under CRA 2015 it is YOUR right to reject the caravan outright and it is YOUR right to demand a full refund.  You also need to notify the credit card supplier and also finance house if it has some finance on it.

If a fault was reported within the first 30 days, that 30 day waiting period is suspended until the fault is resolved to the satisfaction of both parties.  If the fault is rectified to the satisfaction of both parties and another fault occurs the 30 day waiting period is again suspended until the fault is resolved.  Just to add that with us at 11 months we were still basically in the 30 day waiting period.   However I digress.

After the 30 days and within 6 months of purchase you need to give the dealer ONE chance at a repair and if the repair fails again, then it is YOUR right to reject the caravan with no arguments from the dealer.  It seems in your case you have given the dealer ample opportunity to resolve the issue and now the dealer is stringing you along. 

You really need to assertive and demand a refund as you no longer want the caravan and you want an answer within 48 hours otherwise you are going to escalate it to the credit card company.  Please do not make threats unless you plan to go ahead with them.

My post may sound a bit harsh but it is your money and you deserve to have all your money back plus 8% interest and also compensation for any lost holidays.  Which Legal Services will give you the same advice I have offered above and the cost for as much legal information from them is about £90 a year.  Give them a ring anyway and have a chat as it will be free.

 

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Not sure you can use CRA as the dealer has repaired the caravan as he is legally required ?

 

 

 

Dave

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4 minutes ago, CommanderDave said:

Not sure you can use CRA as the dealer has repaired the caravan as he is legally required ?

Dave

However the customer is not happy with the repair so has given the dealer the ONE opportunity to repair and that has failed so the consumer is entitled to reject the caravan as the caravan is still within the first 6 months.  For all we know it could still be within the first 30 day window and if reported within that time frame they do NOT have to give the dealer an opportunity to repair the caravan.

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9 minutes ago, CommanderDave said:

Not sure you can use CRA as the dealer has repaired the caravan as he is legally required ?

 

 

 

Dave

 

Hi Dave,

 

I agree, under CRA they have one chance to repair, after which if the same fault occurs you can reject it.

 

Based on what the OP has said, the dealer has repaired each fault first time with no recurrence of the same fault, and as such has fulfilled his legal obligations.

 

There does however come a point where multiple faults in a short space of time is indicative of faulty goods and further action is required.

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44 minutes ago, Grandpa Steve said:

 

Hi Dave,

 

I agree, under CRA they have one chance to repair, after which if the same fault occurs you can reject it.

 

Based on what the OP has said, the dealer has repaired each fault first time with no recurrence of the same fault, and as such has fulfilled his legal obligations.

 

There does however come a point where multiple faults in a short space of time is indicative of faulty goods and further action is required.

Not sure if you missed it but the OP did state the following;

 

We have a Adria Tamar Van. It's had the following issues

 

1) The front seal leaked so water was coming in the window. The dealer replaced the seal but noticed weeks later was still off scale damp. So took it back and they put dehumidifier on it but still took around 3/4 weeks at dealer to try out. Just checked at weekend and over 20% so still not dried out.

2) Due to the dealer and myself using a damp mete the front board around the window looks like swiss cheese. I did think this might have been replaced but hasn't so have 6 month old van that looks years old at front.

 

As per the underlined sections above the consumer has given the dealer one chance at a repair and the dealer has failed in their obligation as the consumer is not satisfied.  I would think that the OP has legitimate grounds to reject the caravan and also as you point out it multiple faults have occurred in a short space of time. 

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45 minutes ago, Durbanite said:

Not sure if you missed it but the OP did state the following;

 

We have a Adria Tamar Van. It's had the following issues

 

1) The front seal leaked so water was coming in the window. The dealer replaced the seal but noticed weeks later was still off scale damp. So took it back and they put dehumidifier on it but still took around 3/4 weeks at dealer to try out. Just checked at weekend and over 20% so still not dried out.

2) Due to the dealer and myself using a damp mete the front board around the window looks like swiss cheese. I did think this might have been replaced but hasn't so have 6 month old van that looks years old at front.

 

As per the underlined sections above the consumer has given the dealer one chance at a repair and the dealer has failed in their obligation as the consumer is not satisfied.  I would think that the OP has legitimate grounds to reject the caravan and also as you point out it multiple faults have occurred in a short space of time. 

 

Didn't miss that, the OP said that the dealer replaced the seal and it took 3/4 weeks to dry out, it didn't say the leak had continued, therefore the leak was fixed. 20% damp in wood is not a cause for concern.

 

The issue with the front board in an ambiguous argument because the dealer could claim that the damage was caused by the OP using an invasive damp meter!

 

                                        ********************************************************************

2 hours ago, peterjohn said:

There is no “maybe” about this, it is your right, get the credit card company involved because they will cover up to £30,000, although I think this amount has gone up higher recently.

 

Section 75 covers good up to the value of £30,000, if it cost more than £30,000 it is not covered.

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13 minutes ago, Grandpa Steve said:

 

Didn't miss that, the OP said that the dealer replaced the seal and it took 3/4 weeks to dry out, it didn't say the leak had continued, therefore the leak was fixed. 20% damp in wood is not a cause for concern.

 

The issue with the front board in an ambiguous argument because the dealer could claim that the damage was caused by the OP using an invasive damp meter!

 

                                        ********************************************************************

 it seems obvious

Section 75 covers good up to the value of £30,000, if it cost more than £30,000 it is not covered.

As per your first sentence that the repair was not done to the satisfaction of both parties unless I am missing something.  On a brand new caravan I would say that the wait to dry it out was unsatisfactory and the OP should have rejected the caravan at that point. 

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My advice would be to go onto the “Financial Ombudsman Service “ website, there it will give you a guide as to what to do next.

Remember to ALWAYS leave a paper trail, even if it’s a print out of an email.

Record EVERYTHING, if you Talk to someone, get their name and position in the company. Agree to nothing less than your rights, you are entitled to a FULL refund, plus interest and inconvenience if your holidays were affected.

as said before, my friend had to fight,but he got his money back plus interest and £7,000 inconvenience. 

Now go, do it. You will win........Peter

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12 minutes ago, Durbanite said:

As per your first sentence that the repair was not done to the satisfaction of both parties unless I am missing something.  On a brand new caravan I would say that the wait to dry it out was unsatisfactory and the OP should have rejected the caravan at that point. 

 

The dealer replaced the seal and the leak was cured, so they have fulfilled their obligation.

 

Expert opinion might consider that for a wet caravan to dry out, 3/4 weeks would be reasonable.

 

The OP might not know that this is the expected time scale  for drying  out a natural product.

                                                ***************************************************

 

7 minutes ago, peterjohn said:

My advice would be to go onto the “Financial Ombudsman Service “ website, there it will give you a guide as to what to do next.

 

You have to exhaust the dealers formal complaints procedure before the FOS will get involved.

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2 minutes ago, Grandpa Steve said:

You have to exhaust the dealers formal complaints procedure before the FOS will get involved.

If the caravan was bought on finance the issue is with the finance house.  As the OP used a credit card he should consider using S75.  Unfortunately as OP never gave us a time line, it is difficult to give the correct advice.

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On 07/03/2019 at 11:54, Durbanite said:

If the caravan was bought on finance the issue is with the finance house.  As the OP used a credit card he should consider using S75.  Unfortunately as OP never gave us a time line, it is difficult to give the correct advice.

 

Bought November2018 

 

Quote

As you may have read earlier in October/November we got a brand new 2018 model Adria Tamar.

 

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Let's be careful. The OP said in an earlier post that he bought this Caravan but quickly decided he wished he hadn't because he found the layout didn't suit him . Now he says it's faulty and wants to reject it on those grounds. 

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