Can we reject new caravan?

phoenix54
phoenix54 Forum Participant Posts: 13
edited February 2017 in Caravans #1

 

We've just bought a new 2017 Sprite on 04/02/17, about week later we noticed that in a certain light you could see blebs on the inside wall above the bedroom window, and all the rear lights had condensation in them. We returned the van to the dealers for inspection  last Saturday 18/02/17 for inspection. Today we were informed by the dealer that the rear lights had been cleaned and resealed, but the side wall has delamination top and bottom that they have ordered fixing materials but we could use the van whilst waiting for repair.

We do not want to accept the repair and also really not happy about keeping the van and prefere to reject it, as we have not used it yet only drove it from dealer to storage then back to dealer. It's still in factory fresh condition eg. plastic covering carpets and mattress complementary bottles of aquachem in.toilet.

                                                  What would you do?cry 

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Comments

  • Pippah45
    Pippah45 Forum Participant Posts: 2,452
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    edited February 2017 #3

    Consult the caravan club legal department perhaps?  It sounds very much as though the van is not "fit for purpose".  I would do my best to reject it.  Although not normally a complainer I did refuse to accept a new car when I was informed the oil warning light had gone on when they took it to fix a sunshine roof.  The car had a new engine fitted before I took delivery!  AND they did it in extra quick time as I also pulled the "in breach of contract" on the delivery date.  As far as I know I am one of the few people who had a trouble free Austin Allegro! 

  • phoenix54
    phoenix54 Forum Participant Posts: 13
    edited February 2017 #4

    Did'nt know the CC had a legal dept. will definitely call them. We both work Mon-Fri and are going to call dealer tomorrow to say we will be coming on Saturday to speak to the Manager, we just need to know what how we stand legally.

  • Bakers2
    Bakers2 Forum Participant Posts: 8,196 ✭✭✭
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    edited February 2017 #5

    Clubs legal service for advice. Did you have finance or use your credit card for more than £100? Not being personal but get them involved too. Agree I'd do my best to reject it.

    Maybe the new club ethos will take manufactures to task about quality............ 🙄

  • Bakers2
    Bakers2 Forum Participant Posts: 8,196 ✭✭✭
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    edited February 2017 #6

    Check out sale of goods act. Don't know it well enough myself to be able to advise. 

  • ChrisRogers
    ChrisRogers Forum Participant Posts: 435
    edited February 2017 #7
  • Nuggy
    Nuggy Forum Participant Posts: 512
    edited February 2017 #8

    I wouldn't accept a brand new van with a repair, even with a discount. What happens if the repair doesn't work?

  • phoenix54
    phoenix54 Forum Participant Posts: 13
    edited February 2017 #9

    We've paid in full with our debit card so it's already came out of our bank. I work in Customer Service in a fashion department store and do know the sale of goods for faulty clothing, which is replace or full refund for a manufacturers fault. Need to find out if the same applies for caravans. I know electrical goods can be sent for repair first.

     

  • Bakers2
    Bakers2 Forum Participant Posts: 8,196 ✭✭✭
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    edited February 2017 #10

    Oh dear always best to put some or all on credit card and pay off without incurring interest, another arrow in your quiver. I think the act isn't item specific same rule for all must be fit for purpose and not faulty. Good luck, do keep us posted. 

  • phoenix54
    phoenix54 Forum Participant Posts: 13
    edited February 2017 #11

    Nuggy I totally agree, I said the same to my Hubby. It's the same as the dealer saying " I'll sell you this caravan for top Dollar it's got delamination on the wall. but don't worry we'll fix it for you " . You'd run a mile it doesn't make sense to want to keep it, how do we know whats caused it, yes it could be Gerry hasn't put enough glue on but then it could of been letting in water for all we know.

  • phoenix54
    phoenix54 Forum Participant Posts: 13
    edited February 2017 #12

     crisrodgers thanks for the link will study it in full tomorrow.

    Thanks for all your replies will keep you posted. Night Night.

  • MeatHome
    MeatHome Forum Participant Posts: 54
    edited February 2017 #13

    A VISA debit card provides the same guarantee as a credit card

  • crown green bowler
    crown green bowler Forum Participant Posts: 407
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    edited February 2017 #14

    The sale of goods act states that you have an amount of days to return goods with out having to accept repair, but it's only a small amount of days and I cannot remember how many it is,   if you ring Trading Standards ASAP they will inform you of your rights correctly. We had a problem with a caravan but had to except a repair because we were over the time scale. But also inform your credit card company straight away if you have used credit even for a deposit.

  • Wildwood
    Wildwood Club Member Posts: 3,582
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    edited February 2017 #15

    Under the Consumer Protection Act you can reject within 30 days if the item is faulty and demand your money back. You could speak to the clubs legal helpline for more information and get a draft letter from the CAB website.

    The act does not define faulty so in theory any fault would do although that point has not been tested but yours are certainly enough to reject. You would appear to have until 6 March to reject.

    The Sale of Goods Act no longer applies unless you bought early 2015.

  • crown green bowler
    crown green bowler Forum Participant Posts: 407
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    edited February 2017 #16

    A very helpful reply Wildwood. We had a problem with a new van in 2013, so was not up to speed.

  • phoenix54
    phoenix54 Forum Participant Posts: 13
    edited February 2017 #17

    Thanks for that Wildwood

    Hubby called dealer in his lunch hour, the manager wasn't available. so he told the aftersales team we are rejecting the van, she said she would get him to call us, nothing as yet. We are are still going on Saturday in person. The van is still at the dealers and we are determined not to bring it home.

    We would be happy with a replacement van, if that's not possible don't know how the refund would work because we part exchanged our old van and paid the extra by visa debit,

  • pagan8c
    pagan8c Forum Participant Posts: 91
    edited February 2017 #18

    Make sure you give the dealer a written note of rejection within the 30 days. With regard to the PX they can either give you the van back if they still have it and the cash you paid on top. Or if they are willing to supply another van they can allow the part ex amount against that van. I would think they would be better to supply a new van and therefore preserve the sale and sell the other 1 when it is fixed. The thing is not to let them say you cannot reject it as it is clearly not of merchantable quality. And your rights under the Consumer Rights Act are clear . I think if you look at the Moneysaving expert web site there is a draft letter in order to reject an item or at least there is a section which deals with the Consumer Rights Act and what your rights are.Good Luck

  • retiredbeep
    retiredbeep Forum Participant Posts: 51
    edited February 2017 #19

    I have just received a new Lunar Delta and I was definitely worried in case the van had some of the many problems that you read about. Having gone through this process we had decided that we would not accept the van if there were problems, we would not want a repaired van. Thankfully we have one of those vans that you don't hear about that is one that is first class.  It may be a hard call to make but the problem with your van does not sound good and if it had been our van I am afraid it would be rejected, you now have the right to do so. Sorry you have to go through this but we should be strict with the manufactures otherwise they will not care.

  • JVB66
    JVB66 Forum Participant Posts: 22,892
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    edited February 2017 #20

    Reject it you are covered for the c/van the same as anything else that is faulty, and it sounds like a" Friday" van stand your ground if they try to wriggle out of their responsibility do not waste time while the dealer provaricates  

  • volvoman9
    volvoman9 Forum Participant Posts: 1,053
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    edited February 2017 #21

    Same here.

    v9

  • Wildwood
    Wildwood Club Member Posts: 3,582
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    edited February 2017 #22

    Our Lunar was also almost fault free. They had not fitted one of the aerial wires to the amplifier but we did not think it worth the effort of complaining and just stuck it on. It is due for a service in two weeks though which is always the worrying time..

  • phoenix54
    phoenix54 Forum Participant Posts: 13
    edited February 2017 #23

    Hi everyone, Spoken to Citizens Advice who were very heplfull and read the consumer rights act 2015 also sent a formal rejection letter by recorded delivery. We've asked for replacement or refund.

    When Hubby called on Tuesday to tell them we were rejecting the caravan he asked for an appointment on Saturday to speak to a manager about it. the CCA said that the managers don't work on Saturdays but she would get one of them to call us. He (hubby) was calling on his break and asked because he's not allowed his phone whilst working could they call after 5pm. Since then there's been no missed calls, voicemails or emails even though they're open till 5.30pm. Makes you paranoid.

  • Oneputt
    Oneputt Club Member Posts: 9,145 ✭✭✭
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    edited February 2017 #24

    If you paid any or all the price by credit card just let them know and they will handle it for you

  • pagan8c
    pagan8c Forum Participant Posts: 91
    edited February 2017 #25

    Send a further letter to the manager by recorded delivery and ask for a reply as to what they intend to do. Keep a copy for your records as well.This way they can't say they didn't get the formal notice of rejection. 

  • Fysherman
    Fysherman Forum Participant Posts: 1,570
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    edited February 2017 #26

    Give the dealer a written notice of your intention to reject it then get a solicitor on to it ASAP. Too much money involved to risk advice from any forum.

    By the way, there is no such thing as the Sale of Goods Act these days and rejecting a caravan is possible but is not going to be straightforward

    Good luck

  • EasyT
    EasyT Forum Participant Posts: 16,194
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    edited February 2017 #27

    Now refer to Consumer Rights Act 2015.

    Act NOW. Do not let time pass and involve a solicitor if necessary. 

    Personally I would be going to the dealership on a weekday morning and demanding a letter of intent to replace the caravan as otherwise I would be rejecting and demanding a refund or replacement anyway. I would be prepared to get a breakfast elsewhere and return to collect the letter.

    I did a similar action when damp was found in a six year old van of mine when the dealer had failed to register an extended warranty that I had paid for. The only difference was that here was a Café on site and I told him that he was paying for a full English whilst he had a suitable letter typed up.

  • pagan8c
    pagan8c Forum Participant Posts: 91
    edited February 2017 #28

    If you read the other notes you will see the OP has already sent a formal letter of rejection so the ball is rolling.

  • EasyT
    EasyT Forum Participant Posts: 16,194
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    edited February 2017 #29

    I did read the other posts Pagan. I suppose that it is just that I prefer direct action to know where I stand. By an initial phone conversation and a follow up visit I prefer to have a letter of agreement as if this is not forthcoming I know that I might choose to have legal back up.

  • Fysherman
    Fysherman Forum Participant Posts: 1,570
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    edited February 2017 #30

    I also read and understood the original post but my reply was written in such a way that any other members who might find themselves in a similar situation might be helped.

  • retiredbeep
    retiredbeep Forum Participant Posts: 51
    edited February 2017 #31

    I think we have all reached a united stand on this issue but just spare a thought for the person who will buy this van when it has been repaired completely unaware of its history. Lets hope the van gets properly fixed and the new owner is happy in their ignorance.