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New Caravan.....damp Issues


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Hi.(new to this forum) I wonder if anyone can help.

My son purchased a new caravan last September and has been away in it twice. It has been in storage since. He fitted a cover recently. He went to see the caravan this week and found the ceiling boards had bulged in 2 places. The supplier inspected the van and reported that there is a leak from one of the roof lights causing the problem. My son is furious. He paid £24K for the van. Can he claim for a replacement caravan or must he put up with a repair. Help please. T33

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I would suggest that he seeks advice from trading standards.

Alan

 

2005 Nissan X-trail 4WD diesel and Swift Charisma 540 2012 Lunar Clubman ES  2018 Lunar Clubman ES

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As far as i'm aware he should be at the very least offered a repair / replacement and if he refuses I THINK he can get a full refund. Not fit for purpose springs to mind. If it's brand new or from the dealers and under warranty get plenty pics and a report from whoever had a look at it but DO NOT attempt any repairs yourself or get someone else to as you could invalidate the warranty.

 

If the dealer and your son can't come to an agreement there's always trading standards but that's further down the line. As annoying as it is try and keep your cool with the dealer but do not be a pushover.

 

I have old caravans so don't know much about how dealers work but some on here will have a clearer picture

Compass Shadow 1988

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I think members will need to know the make and model but I would advise not mentioning the dealer, who I guess will be his first point of contact. You won't be short of advice from others here who have been in very similar circumstances.

Edited by WispMan

Graham

Unless otherwise stated all posts are my personal opinion 

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No reason not to approach trading standards first simply to get advice,

Alan

 

2005 Nissan X-trail 4WD diesel and Swift Charisma 540 2012 Lunar Clubman ES  2018 Lunar Clubman ES

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Thanks all. He tried Trading Standards today but all he got was a recorded message referring him to CAB. I am not knocking what they do but it takes a while for them to get in touch.

He has booked to go away on Friday this week and the dealer has advised that it is ok to do so. Will this affect anything. T33

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I personally think that he may have to accept a repair. However see what trading standards say. Before a purchase is 6 months old it is for the seller to show that it was not faulty from the point of sale. It is as well to have written correspondence to show that he has involved the dealer and that the problem has been acknowledged.

Alan

 

2005 Nissan X-trail 4WD diesel and Swift Charisma 540 2012 Lunar Clubman ES  2018 Lunar Clubman ES

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I think if I was your son I would of parked up outside the dealer until they accepted the caravan into the workshop !! Totally unacceptable for 24k

If only I could live in a caravan !!!!!!!!!!!!!!!!!!

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First of all it is worth remembering that the contract to buy the van is with the seller, so it is premature to seek advice from anyone else at the present time.

 

The Dealer must be allowed to either repair or replace, whichever is deemed appropriate after investigating the cause.

 

If it is repaired correctly, it will be in probably better condition than when it was new .

 

Whilst it is annoying, it is no use or helpful to be aggressive with the Dealer as long as he is accepting responsibility and is going to sort the problem out.

A very calm approach is always better and usually gets quicker results.

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If the caravan was purchased through a hire purchase agreement the caravan technically belongs to the company who has hired out the caravan and they should be informed of the situation. It is then up to them to have repairs carried out to their goods. If it has been purchased by a hire purchase agreement the hirer should continue to make regular payments.

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Tell your son to " reject the van because it doesn't meet the fit for use or of merchantable quality criteria" he may allow the dealer to attempt a repair but he retains the right to reject it if it doesn't meet his expectations. a lot rides on how your son paid for the van was either the deposit or balance paid for by a credit agreement ( card over £100 or loan for the balance of the purchase) The consumer credit act gives buyers some valuable rights.

Some dealers are genuine and will go out of their way to sort it out whilst others are like snake oil sellers and disappear at the first wiff of a problem, The CAB are the first line in trading standards getting involved these days, and they are busier than ever with all the current problems the country has, but don't let him dally, time is of the essence in these affairs.

Edited by flashgordon
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You can no loner approach Trading Standards directly and have to go through CAB. As mentioned you need to give the dealer the opportunity to repair or replace before requesting a refund. However if it is as serious as it reads, I would push for a replacement as the caravan is under 6 months old.

Sale of Goods Act facts;

Key Facts:

1 Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i. e. not inherently faulty at the time of sale).

2 Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description. Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

3 It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

4 If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

5 For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

6 A purchaser who is a consumer, i. e. is not buying in the course of a business, can alternatively request a repair or replacement.

7 If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

8 In general, the onus is on all purchasers to prove the goods did not conform to contract (e. g. was inherently faulty) and should have reasonably lasted until this point in time (i. e. perishable goods do not last for six years).

9 If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e. g. were not inherently faulty)

10 After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

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Update. ...It seems that the problem is with the construction of the boards that make up the roof of the caravan. It has become "de-laminated" thus causing the bulges. Trading standards (CAB) have advised us to wait and see what the dealer is doing to resolve the issue. .....still waiting. The model of the caravan is ELDIS AFFINITY if anyone is interested. Trevor

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Update. ...my son had e-mail from Eldis today. They apologise for the problems and have issued an order on the dealer to arrange the return of the caravan back to Eldis. Not sure what they will do. I personally would want a replacement but I think they will repair it. Will keep you informed. Trevor.

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Hopefully they do an excellent repair. Tell them you were planning using the van if it's going to take a while to get repaired and hopefully you can get a discount / compensation of some sort.

Compass Shadow 1988

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We had a new 2001 Swift that had to have floor fully replaced within 12 months after it collapsed due to 'the wrong glue being used?'. We agreed to a repair and the body of the van was lifted off at the factory and the floor replaced. The repair looked good but 12 months later the floor delaminated. It was repaired but 12 months later delaminated again so we got rid.

Your repair sounds simpler so I would think the repair would be more permenant but the choice is yours.

2004 Citroen C5 2. 0ltr diesel auto VTR and 2011 Bailey Orion 430/4

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We had a new 2001 Swift that had to have floor fully replaced within 12 months after it collapsed due to 'the wrong glue being used?'. We agreed to a repair and the body of the van was lifted off at the factory and the floor replaced. The repair looked good but 12 months later the floor delaminated. It was repaired but 12 months later delaminated again so we got rid.

Your repair sounds simpler so I would think the repair would be more permenant but the choice is yours.

That's terrible!! :o

Compass Shadow 1988

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