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Mattew

Leaking 10 months old swift

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Hi guys can anyone be able to help me know my rights my new 2019 10 months old swift leaking all the back and sides and damaging floor it looks bad 

 

I am living full time in the caravan at moment and I rely on it to live in I have contacted my dealer who say all they can do for me is repair it and wont be able to help me with how long it takes 

 

Does anyone know much about the not fit for purpose sales of goods act 

 

As if caravan takes too long to repair I will be left homeless 

 

Thanks guys 

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I think you may have an issue as the warranty probably states that the caravan should not be used as a permanent residence.  However what issues have you reported to the dealer since delivery and how many have been repeat repairs?

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Didn't think that living in  caravan permanent would affect warranty in quick check of paperwork it doesn't seen to state it 

 

Have reported 3 times for faults cupboards damaged etc but this is first time for damp

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If you are living in it full time are you sure it’s leaking, or could it be condensation??

 

Andy

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I think its pretty unlikely that a 10 month old Swift would leak like that (all the back and sides"), and it does sound more likely to be condensation. Probably caused by insufficient ventilation. 

Examining the caravan will not easily/quickly determine what is wrong, and I can understand the dealer being cautious.

 

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1 hour ago, Mattew said:

Hi guys can anyone be able to help me know my rights my new 2019 10 months old swift leaking all the back and sides and damaging floor it looks bad 

 

I am living full time in the caravan at moment and I rely on it to live in I have contacted my dealer who say all they can do for me is repair it and wont be able to help me with how long it takes 

 

Does anyone know much about the not fit for purpose sales of goods act 

 

As if caravan takes too long to repair I will be left homeless 

 

Thanks guys 

Hi,

I hope you have not told your dealer you are living in the caravan full time as your main residence, they could invalidate your warranty. 

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Thought it might be condensation but then discovered water puddles under bed visibly water when raining coming from roof seals and wheel arch 

 

Caravan not my main residence i have never lived in it permanently but I have an issue so I cant stay in my so called main residence unfortunately its caravan for next couple months I rely on it for next 3 months at least 

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Then under those circumstances I think you need to be giving your dealer a fair bit of grief about getting it fixed as soon as possible.

 

Have the dealers looked at it yet as it could be something easy and quick to fix, or of course might be something a lot more serious but a 10 month old caravan leaking THAT much is bordering on being a good candidate for rejection as not fit for purpose. 

 

Try appealing to their conscience by telling them you will have to live in it full time for three months. That’s no different whatsoever to those of us who go away for extended periods and will NOT invalidate the warranty. After all it’s basically a “mobile” home. 

 

Good luck and do keep us posted.

 

Andy

 

 

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Your biggest problem is that you are tied to the terms and conditions of the warranty. A pertinent clause (7) for you is:

The caravan must be made available to an authorised Swift Group Service Centre within 6 weeks of the date the repair need was identified for the work to be carried out. The cost of transporting, towing or moving the caravan by any means to or from the place of repair is the responsibility of the owner.

https://www.swiftgroup.co.uk/owners/warranty/caravans-2019

 

If you are claiming it is unfit for purpose then your assumed intention would be that you are looking to reject the caravan for a full refund - no use to you if you are having to live in it since it would have to be returned and you are only entitled to your money back, not a direct swap. However, as you have owned it for more than 6 months the automatic right to reject (after one repair attempt) has gone. So, you are stuck with having it inspected and repaired leaving you at the dealer's mercy.

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True legal Eagle a refund wouldn't work for me at minute I was hopeful of getting replacement  but I will try work it out with dealer I might try to ask will they part exchange it and allow me some leniency with price 

 

Thanks very much Andy will let you know outcome hopeful of a reasonable solution trying to keep postive 

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Then under those circumstances I think you need to be giving your dealer a fair bit of grief about getting it fixed as soon as possible.

 

Have the dealers looked at it yet as it could be something easy and quick to fix, or of course might be something a lot more serious but a 10 month old caravan leaking THAT much is bordering on being a good candidate for rejection as not fit for purpose. 

 

Try appealing to their conscience by telling them you will have to live in it full time for three months. That’s no different whatsoever to those of us who go away for extended periods and will NOT invalidate the warranty. After all it’s basically a “mobile” home. 

 

Good luck and do keep us posted.

 

Andy

 

 

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I hope it’s an all plastic caravan like my 2017 Swift Conqueror.

Storm lifted the front roof Heki off in the first season in storage.

Water poured in for several days before it was sealed.

Got it home removed and dried the carpets dried out the caravan.

Apart from a new Heki roof light no permanent damage.

Good luck with the leaks.

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1 hour ago, ancell said:

 dried the carpets dried out the caravan.

Apart from a new Heki roof light no permanent damage.

 

Keep your fingers crossed.   Six years ago I got my caravan floor wet.   I quickly got it mopped up and dried but within 18 months I had to fix the bouncy floor.   I'm convinced that it was the drenching that caused the separation. 

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2 hours ago, Mattew said:

True legal Eagle a refund wouldn't work for me at minute I was hopeful of getting replacement  but I will try work it out with dealer I might try to ask will they part exchange it and allow me some leniency with price 

If you were a dealer, would you give a good part exchange price on a leaking caravan if indeed you were prepared to accept it in the first place!

I strongly suspect your only option will be repairs under warranty. Even if you pursued a case under the Consumer Rights Act the most you can expect in reality is a repair but since they haven't refused to put it right you really don't have a case under the legislation.

Edited by Legal Eagle

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Yes legal eagle I might just get it repaired give then the chance to put it right if they can repair it in reasonable time hopefully it wont leak again.

 

In relation to part exchange considering it was them that supplied the leaking £21,000 caravan I wont allow them to hold me responsible for the leaking caravan why should I have to suffer financially for there issue us as consumers should expect more for our money 

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Hi Mathew I cant see a problem with your warranty because you living in the van how do site wardens get on I know two who live in brand-new vans cc club sites open all year they don't seem to worry about warranty issues 

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Thanks Trucker I thought the same 

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14 hours ago, Jaydug said:

 

Keep your fingers crossed.   Six years ago I got my caravan floor wet.   I quickly got it mopped up and dried but within 18 months I had to fix the bouncy floor.   I'm convinced that it was the drenching that caused the separation. 

 

Still solid after the third season.

I did own a bouncy floored Elddis Typhoon in the 80s .

It was bouncy when I bought it the bounce did not increase over the years we owned it.

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warranty terms and conditions used state that you void your warranty if you use the vehicle to permanently live in, certainly always has been the case unless that's changed, its considered the same as hire in that sense.

 

stopping the leak might be a quick fix, butfrom your description it doesn't sound like a quick fix if it has damaged the floor.

 

 

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They would only know if it was lived in permanently if you told them. Carefully chosen, pre-selected words are the key. Good luck, some dealers are better than others, go as others have said, go back and calmly but sternly Talk to them and don't accept any "woolly" answers.

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There are no clauses within the Swift warranty in respect of using it as a permanent or long term home. To do so would require Swift to stipulate how many days of the week, month, year etc that the caravan could be occupied in order not to breach such a clause. The warranty conditions are published on the Swift website and there is no reference to length of occupation. https://www.swiftgroup.co.uk/owners/warranty/caravans-2019

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1 hour ago, pfr said:

There are no clauses within the Swift warranty in respect of using it as a permanent or long term home. To do so would require Swift to stipulate how many days of the week, month, year etc that the caravan could be occupied in order not to breach such a clause. The warranty conditions are published on the Swift website and there is no reference to length of occupation. https://www.swiftgroup.co.uk/owners/warranty/caravans-2019

Actually even if there was a clause I wonder if it could be deemed an Unfair Clause as it is contrary to CRA 2015.  BTW why doesn't the OP approach Which Legal Services for advice?  May save them a hassle.

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15 minutes ago, Durbanite said:

Actually even if there was a clause I wonder if it could be deemed an Unfair Clause as it is contrary to CRA 2015.  BTW why doesn't the OP approach Which Legal Services for advice?  May save them a hassle.

He hasn't even had it seen by the dealer yet!

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5 minutes ago, Ern said:

He hasn't even had it seen by the dealer yet!

Not an issue asking for advice prior to taking it to the dealer.

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1 hour ago, Durbanite said:

Actually even if there was a clause I wonder if it could be deemed an Unfair Clause as it is contrary to CRA 2015.  

Where in the CRA 2015 does it say a warranty clause excluding residential habitation in a touring caravan is not allowed?

44 minutes ago, Durbanite said:

Not an issue asking for advice prior to taking it to the dealer.

Read the thread......the dealer hasn't refused or declined to do anything so there are no legal issues at all. The OP is the one with the difficulties and reluctance due to his residential status!

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