Rejection on faulty caravan

Wendy Ware
Wendy Ware Forum Participant Posts: 1
edited June 2017 in Caravan & Motorhome Chat #1

Hi

We recently purchased a brand new caravan from a dealer and at six weeks we discovered a major water ingress problem resulting in furniture, fixtures and fittings being soaked thròugh rendering the van unuseable.  We contacted the dealer immediately and returned it to him and rejected it as unfit for purpose and asked for a replacement (as we were outside the 30 days for a refund).  We did not want a repair as the amount of water ingress was considerable and feel it could lead to latent structural damage down the line.

The dealer has passed the buck so to speak on to the manufacturer and is not helping us to get this resolved.  The manufacturer Swift have accepted our rejection but will not at this stage give us any lead time or confirm that they will replace the van.

We have already had financial losses and loss of a holiday and another booked for end June as well as losing paid for seasonal pitch fees, insurance and loan repayments.  We have asked the dealer if he would compensate us but he has point blank refused.  We cannot use our dining room and conservatory as they are piled high with all the caravan eqipment.

We just dont know where to turn.  We have read through the Consumer Rights Act but it doesn't really tell you where to turn next for your rights to be upheld. 

This is causing us a lot of stress and upset and we are in an intollerable situation.

Can you give any advice as to who to go to next?

 

Comments

  • ValDa
    ValDa Forum Participant Posts: 3,004
    1000 Comments
    edited June 2017 #2

    I'm so sorry to hear your story.

    I would probably do three things immediately:  1) consult the Caravan Club legal team, 2) add a post to the Swift Forum (Swift Talk) and 3) take it up with your finance company.  

    Others may have more ideas as there are some good legal brains on here.

  • pip the beast
    pip the beast Forum Participant Posts: 45
    edited June 2017 #3

    If you paid any part of the cost ie deposit by credit card you also also have a claim on the card company. Section 75 I believe it is called. 

  • notite
    notite Forum Participant Posts: 96
    edited June 2017 #4

    I'm not 100% sure but doesn't the caravan actually belong to the finance company until a certain amount as been repaid or is it until the final payment.

     

    Please keep the forum updated cos it may help others in the future 

     

    Rob 

  • eurortraveller
    eurortraveller Club Member Posts: 6,830 ✭✭✭
    2,500 Likes 1000 Comments
    edited June 2017 #5

    I myself would speak to the Club's Legal Advice line and ask whether they can achieve a resolution of this matter for me , or whether their advice is that I should see a solicitor to handle it for me. 

  • Oneputt
    Oneputt Club Member Posts: 9,145 ✭✭✭
    2,500 Likes 1000 Comments
    edited June 2017 #6

    Sorry to hear of your problem Wendy.  Some solid advice above.  

    If you used a finance company/credit card company that would be my first route.  

    Personally I would get my solicitor to write Swift spelling out that I would only except a full refund, with appropriate compensation 

    Have a look at 'The money Saving Experts@ resolver tool. It really works

    What ever you decide to do keep everything in writing and any correspondence sent via some sort of registered post.

     

  • TonyIshUK
    TonyIshUK Forum Participant Posts: 296
    100 Comments
    edited June 2017 #7

    I would image that you may have tried the Internet for advice. """Money saving expert resolve "". system is worth a look.

    my understanding of the selling regulations is that the seller is responsible for resolving problems, not the manufacturer.  For a seller to pass the responsibility to the manufacturer is a fob-off

    Be careful not to fall through the gap between the two.

    rgds

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