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Hi we brought a brand new Eldis Avante 576.  The caravan has a 10 year water ingress warranty.  During its 4 year service they detected damp in the rear of the van and also the rear panels have split.  Eldis are refusing to fix the issue as the panels are only covered for 3 years. 

 

I think this is appaling and have contacted them directy and they are refusing to do anything?  Does anyone have any advice or where we can go to put in a complaint?

 

Thanks

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:welcome:

You didn't buy it from Elddis but from the dealer so the dealer is liable. What does the dealer say?

Do you have in writing from when you bought the van, the details of the warranty?

Did you pay ANY amount of the purchase price or deposit with a credit card (not debit card)?

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If bought and delivered after Oct 2015 it is covered by the Consumer Rights Act 2015.  If before that date then it is covered under Sale o Goods Act.  Either way it is the responsibility of the dealer to resolve the issue.  Please clarify when you actually took delivery and you will be able to get better advice. 

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If it came with a 10 year damp warranty and you have complied with the conditions of that warranty (annual service/check carried out within the specified period) then I cannot see any way they can refuse to rectify the fault.

 

I would suggest you write to the dealer precisely detailing the issue, and what you expect them to do about it (i.e. repair it under warranty) and ask for a written response. That way you have documentary evidence which might prove useful if they don’t play ball. 

 

Keep every piece of paper or email, if they telephone you don’t get into a discussion, simply say “Please contact me in writing” 

 

Andy

 

 

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Whether it was bought under SOGA or CRA makes little difference at this point, and nothing in the warranty can take your rights against the dealer away.

Many 10 year water ingress warranties specifically exclude cracked panels but this does not stop you seeking redress from the dealer. If your dealer is digging his heels in you need to start down the legal route and professional help/advice could save you a lot of money!

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The 10 year water ingress warranty is for permanently sealed joints only,  therefore if its through those you have a claim, however as you say, cracks in plastic and GRP body panels are only covered for 3 years.

Hard to believe but its all in their T&Cs

 

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13 minutes ago, Paul_B said:

The 10 year water ingress warranty is for permanently sealed joints only,  therefore if its through those you have a claim, however as you say, cracks in plastic and GRP body panels are only covered for 3 years.

Hard to believe but its all in their T&Cs

 

 

As said the ingress warranty only covers seals .

 

As said you need to check your legal route .  Where are the cracks and have the manufacturers used a excuse for not covering it ?

 

Dave

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17 hours ago, Paul_B said:

The 10 year water ingress warranty is for permanently sealed joints only,  therefore if its through those you have a claim, however as you say, cracks in plastic and GRP body panels are only covered for 3 years.

Hard to believe but its all in their T&Cs

 

I think the  panels are only covered for one year by the manufacturer' s warranty.  The 10 year damp ingress warranty is very misleading as the consumer only finds out that it only covers permanently sealed joints after purchase and when they read the owner's handbook!

BTW the warranty is between the manufacturer and the dealer and not between the manufacturer and the consumer.  The OP should be claiming from the dealer using either SOGA or CRA 2015.  If the unit is on HP then they should be claiming from the finance company as the finance company own the caravan and the contract is between the consumer and the finance company.

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Many thanks for the responses.

 

To answer some questions...

 

We paid on debit card.

We haven't contacted the dealer as were speaking direct to elddis

We brought the caravan in march 2013.

 

I will email the dealer and see what they say.

 

Thanks again for your help / suggestions. 

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The above changes the picture completely as you are no longer covered by the Sale of Goods Act.  We got the impression that has you had mentioned 4th year service that the caravan was bought in 2015?  It seems you may be on your own.

However if in 2017 at the 4th service the issue of damp and cracked panels came to light, you may have been able to make a claim.  The service in 2017 would fall under Consumer Rights Act 2015 but not sure how you could go about making a claim however your best course of action would be to contact Which Legal Services for advice.  The initial call is free and then you can decide on a course of action.

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14 minutes ago, Durbanite said:

The above changes the picture completely as you are no longer covered by the Sale of Goods Act.  We got the impression that has you had mentioned 4th year service that the caravan was bought in 2015?  It seems you may be on your own.

 

Not sure about that! SOGA rights are not dependent on conditions detailed in the warranty.

However, six years is considerably longer than 4 and neglecting the recommended servicing/checking schedule does weaken the case.

Proper legal advice/help is still the way to go.

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3 minutes ago, Stevan said:

Not sure about that! SOGA rights are not dependent on conditions detailed in the warranty.

However, six years is considerably longer than 4 and neglecting the recommended servicing/checking schedule does weaken the case.

Proper legal advice/help is still the way to go.

After 6 years SOGA no longer applies and I doubt if it can be used and even if the 4th year service was done on time in 2017 the damp and cracks issues should have been taken up at the time with the dealer. 

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35 minutes ago, Durbanite said:

After 6 years SOGA no longer applies and I doubt if it can be used and even if the 4th year service was done on time in 2017 the damp and cracks issues should have been taken up at the time with the dealer. 

I could be wrong, but IIRC SOGA was open ended, relying on a "reasonable" clause to limit the timescale, and it is CRA that introduces the six year limit. The courts, on occasion,  ruled on periods in excess of six years for major items such as caravans, and this was the origin of the ten year water ingress warranties with the manufacturers trying to pin down what they knew the courts would be imposing anyway.

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1 hour ago, Durbanite said:

I think the  panels are only covered for one year by the manufacturer' s warranty.  The 10 year damp ingress warranty is very misleading as the consumer only finds out that it only covers permanently sealed joints after purchase and when they read the owner's handbook!

BTW the warranty is between the manufacturer and the dealer and not between the manufacturer and the consumer.  The OP should be claiming from the dealer using either SOGA or CRA 2015.  If the unit is on HP then they should be claiming from the finance company as the finance company own the caravan and the contract is between the consumer and the finance company.

 

I've just checked and they are indeed only covered for one year, I'd have thought they would have had a bit more confidences in their products. :blink:

 

Three Year Manufacturer's Warranty

Year 1 Warranty - Covers all original components, including permanently fitted equipment forming part of the original product specification.

Year 2 and 3 Warranty - Covers all original components, including permanently fitted equipment forming part of the original product specification, with the exception of the following items:

Microwaves

Tyres

Batteries

Windows and glass

Deterioration of exterior paint work

Soft furnishings, carpets and floor coverings

Entertainment equipment

Fluorescent tubes, bulbs, LEDs and fuses

Plastic and GRP exterior panels

Plastic products including A-frame covers, wheel spats and shower trays

Minor adjustment of blinds, hinges, catches, stays and doors

http://www.elddis.co.uk/help-support/help-advice/warranty

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21 hours ago, Paul_B said:

 

I've just checked and they are indeed only covered for one year, I'd have thought they would have had a bit more confidences in their products. :blink:

 

Three Year Manufacturer's Warranty

Year 1 Warranty - Covers all original components, including permanently fitted equipment forming part of the original product specification.

Year 2 and 3 Warranty - Covers all original components, including permanently fitted equipment forming part of the original product specification, with the exception of the following items:

Microwaves

Tyres

Batteries

Windows and glass

Deterioration of exterior paint work

Soft furnishings, carpets and floor coverings

Entertainment equipment

Fluorescent tubes, bulbs, LEDs and fuses

Plastic and GRP exterior panels

Plastic products including A-frame covers, wheel spats and shower trays

Minor adjustment of blinds, hinges, catches, stays and doors

http://www.elddis.co.uk/help-support/help-advice/warranty

I think all UK caravan manufacturers cover the panels for one year only as more then likely they allm come from the same source.

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