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mprcomp

Rejecting Caravan

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Hi Durbanite,

 

I have done all of those things. Advice before second email/letter was taken and mentioned the right parts of the law. Yes started S75 again waiting to hear back of them. MBNA not the fastest but hoping get something soon, the problem is cant' Talk to that team.  So sent first email rejecting got initial response. Sent in second letter/email and been waiting for nearly 2 weeks.  For me biggest issue is that if this goes on for a month lost a whole season with caravan and the whole point is to use it with the kids. 

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When we rejected our caravan we had to chase the finance house nearly very day and every time we chased we would quote the appropriate legislation. Chase them up as much as possible even if it is twice a day.  Only way to get them off their backsides. 

Also do not forget to mention compensation for each day that you are without the caravan.    Have to submitted claims for anything that you bought that is directly associated with the caravan i.e. mattress topper that will only fit the caravan?  The thought of having to pay compensation helps motivate them.

Lastly have to had an independent check the caravan? 

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It depend on what avenue you want to take.worry about the season and easter.or let the dealer get away with it. Either way you are not going away for easter unless something else happens. If you go along with dealer all the time its only going to slow thing down. You will never be happy with the same van or another from the same dealer.get out now whilst you can.

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May it be worth telling them you have a Motorhome booked to cover the Easter holiday and will be adding this to the claim with an attached quote. May focus their mind!!

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15 hours ago, baddon said:

May it be worth telling them you have a Motorhome booked to cover the Easter holiday and will be adding this to the claim with an attached quote. May focus their mind!!

Cannot do that so they will ignore it as it is an unreasonable cost.  You can however claim compensation for the lost holiday which is even better as you cannot put a price on it.

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10 hours ago, Durbanite said:

Cannot do that so they will ignore it as it is an unreasonable cost.  You can however claim compensation for the lost holiday which is even better as you cannot put a price on it.

Would it not be reasonable to expect them to offer another caravan in its place? Lend rather than hire

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13 hours ago, baddon said:

Would it not be reasonable to expect them to offer another caravan in its place? Lend rather than hire

You are rejecting the caravan which means you no longer want it so I would think a loan caravan is out of the question.

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14 hours ago, baddon said:

Would it not be reasonable to expect them to offer another caravan in its place? Lend rather than hire

No, it would not be reasonable if the purchased caravan is being rejected

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I haven't read all of the previous posts, but I suggest you contact a solicitor if you haven't already done so.

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52 minutes ago, daveat92 said:

I haven't read all of the previous posts, but I suggest you contact a solicitor if you haven't already done so.

Why waste money on a solicitor who probably knows less about CRA 2015 than many on this forum?  After being £525 poorer we dumped the solicitor and did it on our own with advice from Which Legal Services.

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On 02/04/2019 at 14:11, Durbanite said:

Why waste money on a solicitor who probably knows less about CRA 2015 than many on this forum?  After being £525 poorer we dumped the solicitor and did it on our own with advice from Which Legal Services.

So I know they are going to give their final decision in email. I suspect it's all they will do is repair it all and give us some compensation. So what are my next steps on that? Is it taking them to court? There next step is to pass it onto NCC.

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1.  Forget the NCC. They are a joke. I complained to them about the many ways my cowboy dealer had not fulfilled the NCC dealer code of conduct. As expected no reply.

2. Final decision. That's another joke. If you reject it under the CRA you reject it and eventually solicitors sort it.

3. Either do it Durbanite's way, or get a solicitor. I used my legal cover from the house insurance  (LV) and they were brilliant. Firstly giving advice on what to write to the dealer to get the ball rolling, and then when that failed they put me in touch with their specialist solicitor who clearly knew what he was doing. The conditions for the insurance taking on the claim was that (a) I had a better than 50% chance of achieving the claim, and (b) the cowboy dealer was solvent enough to pay my claim.  Seeing my cowboy dealer had an annual turnover of some £20 million this was not an issue!

4. In the end my solicitor offered them a "quick" deal of a fixed sum (which I had agreed to) which once they got their solicitor involved was quickly accepted. Then a contract was drawn up, which our solicitor felt was draconian, and again won. A simple contract was agreed and signed, my caravan returned, the money went to my solicitor and he deducted his fees and transferred the rest to me. I am not unhappy with the final settlement. As my solicitor pointed out, going for compensation on top posed more difficulties (how do you define what you are owed here?) and would incur greater costs.

 

Frankly I think you have wasted far too much time on the preliminaries. By now you ought to have been far firmer with them, made your final demand, and/or engaged a solicitor. My solicitor did point out that if it went to court we were probably looking at a bill of £10k if it failed. However, this sum would have been covered by our legal insurance if it had gone to court and we had lost.

 

As I found out from my cowboy dealer, this situation is nothing new to them and they have a simple routine that puts all but the most determined off. They are not bothered about the bit of bad publicity they get, and personally I think it is a pity this site does not allow naming and shaming. Other sites do and I have freely named and shamed as can be expected. You need to be quite clear in your own mind whether you are going all the way with this or going to cave in sooner or later. Sadly from the way you have been so far, I can see the dealer being fairly confident you will cave in eventually.

 

Sorry that's a bit blunt, but its the reality.

 

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13 hours ago, thebriars said:

1.  Forget the NCC. They are a joke. I complained to them about the many ways my cowboy dealer had not fulfilled the NCC dealer code of conduct. As expected no reply.

2. Final decision. That's another joke. If you reject it under the CRA you reject it and eventually solicitors sort it.

3. Either do it Durbanite's way, or get a solicitor. I used my legal cover from the house insurance  (LV) and they were brilliant. Firstly giving advice on what to write to the dealer to get the ball rolling, and then when that failed they put me in touch with their specialist solicitor who clearly knew what he was doing. The conditions for the insurance taking on the claim was that (a) I had a better than 50% chance of achieving the claim, and (b) the cowboy dealer was solvent enough to pay my claim.  Seeing my cowboy dealer had an annual turnover of some £20 million this was not an issue!

4. In the end my solicitor offered them a "quick" deal of a fixed sum (which I had agreed to) which once they got their solicitor involved was quickly accepted. Then a contract was drawn up, which our solicitor felt was draconian, and again won. A simple contract was agreed and signed, my caravan returned, the money went to my solicitor and he deducted his fees and transferred the rest to me. I am not unhappy with the final settlement. As my solicitor pointed out, going for compensation on top posed more difficulties (how do you define what you are owed here?) and would incur greater costs.

 

Frankly I think you have wasted far too much time on the preliminaries. By now you ought to have been far firmer with them, made your final demand, and/or engaged a solicitor. My solicitor did point out that if it went to court we were probably looking at a bill of £10k if it failed. However, this sum would have been covered by our legal insurance if it had gone to court and we had lost.

 

As I found out from my cowboy dealer, this situation is nothing new to them and they have a simple routine that puts all but the most determined off. They are not bothered about the bit of bad publicity they get, and personally I think it is a pity this site does not allow naming and shaming. Other sites do and I have freely named and shamed as can be expected. You need to be quite clear in your own mind whether you are going all the way with this or going to cave in sooner or later. Sadly from the way you have been so far, I can see the dealer being fairly confident you will cave in eventually.

 

Sorry that's a bit blunt, but its the reality.

 

Briars post is spot on as they went through the same as us.  The dealer will try and fob you off at every opportunity.  Remember that you have legislation on your side and that is the most powerful tool in your arsenal!  What are Which Legals Service saying about it?

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I fully concur with both the above. Being a friend of someone who not only got his money back, but a further £7000 compensation....👍......Peter

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On 03/04/2019 at 19:20, mprcomp said:

So I know they are going to give their final decision in email. I suspect it's all they will do is repair it all and give us some compensation. So what are my next steps on that? Is it taking them to court? There next step is to pass it onto NCC.

BTW why do you think the NCC will be able to help as the caravan is an imported Adria caravan and not a UK manufactured caravan?

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I never thought of that Durbanite, of course it won’t be covered by NCC. although they would have been as much use as a chocolate teapot if it had been an English caravan. Get stuck in and do as you have been advised...Peter

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10 hours ago, Durbanite said:

BTW why do you think the NCC will be able to help as the caravan is an imported Adria caravan and not a UK manufactured caravan?

 

My Spanish motorhome is NCC approved. I'd rather have had a chocolate teapot than the silly sticker on the side.

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On 02/04/2019 at 14:11, Durbanite said:

Why waste money on a solicitor who probably knows less about CRA 2015 than many on this forum?  After being £525 poorer we dumped the solicitor and did it on our own with advice from Which Legal Services.

So I know they are going to give their final decision in email. I suspect it's all they will do is repair it all and give us some compensation. So what are my next steps on that? Is it taking them to court? There next step is to pass it onto NCC.

 

It's because that is who they go through as next level up in their terms and conditions. 

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Another vote here for Briars. 

 

Remember that the NCC is a trade organisation, not a  consumer body.

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Has anyone on here actually had any success passing a complaint on to the NCC?

 

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59 minutes ago, thebriars said:

Has anyone on here actually had any success passing a complaint on to the NCC?

 

 

Why would they, the NCC is the representative body of the tourer, motorhome, caravan holiday home and residential park home industries.

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1 hour ago, Grandpa Steve said:

 

Why would they, the NCC is the representative body of the tourer, motorhome, caravan holiday home and residential park home industries.

I know that, just curious to see if anyone has tried complaining through them and what the result was. I'm not expecting a flood of positive responses. They perhaps ought to rename it the National Collection of Cowboys. :lol:

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I seem to remember, though I stand to be corrected, that until relatively recent years both of the main Clubs were members of the NCC.

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19 minutes ago, DeeTee said:

I seem to remember, though I stand to be corrected, that until relatively recent years both of the main Clubs were members of the NCC.

 

They have 850 trade members!

 

https://www.thencc.org.uk/

 

geoff

 

 

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2 hours ago, shipbroker said:

 

They have 850 trade members!

 

https://www.thencc.org.uk/

 

geoff

 

 

Thanks Geoff. I know that the main Clubs are not current members. I seem to remember that the cc were former members about ten years ago.

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