Van Faults - Class Action??

 viatorem
viatorem Forum Participant Posts: 645
edited January 2018 in Caravans #1

Reading through what seems to be endless comments on Damp, Axle problems, Build quality etc. Lots of these have a common theme, but some owners get problems resolved under warranty, some don't and some pay for a fix.

Just a thought.

If there are many people with the same issue for example axle problems, since 2015 in the UK it is possible to raise a class action (US parlance sorry). Would it not be worthwhile the owners of vans with these problems getting together and contacting the club legal department to see if this is a feasible approach? 

 Apparently UK VW owners are raising a case.

 

Comments

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,149 ✭✭✭
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    edited January 2018 #2

    The club won’t want to lose advertising revenue so don't for one minute think you can rely on help from that direction for a class action.

    I wish I could remember the number of times over the years I’ve read suggestions on various LV related forums of taking class action. Has it ever happened and been successful? Not as far as I'm aware. 

  •  viatorem
    viatorem Forum Participant Posts: 645
    edited January 2018 #3

     I should have referred to your insurers legal helpline maybe and not the club.

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,149 ✭✭✭
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    edited January 2018 #4

    Personally, I’d save the stress and forget it, via. You're on a loser from the start.

    I’m all in favour of pursuing individual grievances through the courts if necessary but a class action is something else.

  • Tigi
    Tigi Forum Participant Posts: 1,038
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    edited January 2018 #5

    Class actions are organised by lawyers who think they are onto a winner (currentlyVW).

  •  viatorem
    viatorem Forum Participant Posts: 645
    edited January 2018 #6

    Just thought at least those with axle problems if they got together may have a hint of a product liability case. I accept that your considered opinions are right - if a tad defeatist.

     

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,149 ✭✭✭
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    edited January 2018 #7

    Call it the experience of knowing when not to beat your head against a brick wall. Good sense, not defeatism.

  • hitchglitch
    hitchglitch Forum Participant Posts: 3,007
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    edited January 2018 #8

    If you are buying a new van or Motorhome the damp warranty period is very generous so I don’t see how there would be a basis for any kind of legal action. Problems occur if warranty is not transferred on resale or a dealer gives a limited warranty but this is generally on older vans for which a class action or similar would have no chance of success.

  • ValDa
    ValDa Forum Participant Posts: 3,004
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    edited January 2018 #9

    Unlike other very negative comments I've suggested something similar in the Alko (Bailey) thread just today.  We had the same problem with an Alko axle in the year 2000.  Fortunately it was sorted out to our complete satisfaction, and hasn't returned.  But so many people are having problems that the only way is a group action of some sort.  Weight in numbers!  That's the only way to tackle the inherent problems in the caravan quality build issues.  One person, versus their dealer, versus the manufacturer will never get anywhere.  Hundreds of people, grouped together, with the same issue (and a sympathetic law firm) just might!

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,149 ✭✭✭
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    edited January 2018 #10

    I’m not being negative, Val, simply realistic.

    Good luck to all those with problems and I hope any group action is worth the stress it will cause. 

    I, too, have had a duff Alko axle on a car transported trailer. It was sorted under warranty and that’s the end of the matter as far as I’m concerned.

  • Oneputt
    Oneputt Club Member Posts: 9,145 ✭✭✭
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    edited January 2018 #11

    If manufacturers like Alko have been producing dodgy axles for 18 + years it would be great to see some action taken against them.

    However it seems that the winners of class actions (in the States) are the lawyers:

    https://www.forbes.com/sites/danielfisher/2013/12/11/with-consumer-class-actions-lawyers-are-mostly-paid-to-do-nothing/#3e7807bf1472

    The only way to defeat these companies that won't produce a quality item is to vote with their wallets/purses

     

     

  • ocsid
    ocsid Forum Participant Posts: 1,395
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    edited January 2018 #12

    Having the unfortunate experience of taking part in legal action it is my view that it is a far too expensive and fragile route, where "justice" as many would define it plays a very questionable role. 

    Given that insight, I feel here with the massive tools we have in the 2015 Consumers Rights Act, any joint venture would be much better invested in mutual support to push each other's cases using that Act.

    On the face of it, the initial targets will be a spread of dealers but I doubt they, in turn, will not pressurise the maker to sort out the products they handle. So the objective will be addressed, and with a fraction of the cost and risk associated with full-blown court action.

  • cyberyacht
    cyberyacht Forum Participant Posts: 10,218
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    edited January 2018 #13

    An investigation by a TV programme such as 'Panorama' or 'Rip Off Britain' might focus manufacturers minds more. Nothing like widespread adverse publicity to motivate them.

  • ocsid
    ocsid Forum Participant Posts: 1,395
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    edited January 2018 #14

    I am sure it would but I don't see it happening as it would have too low a general entertainment or interest level.

    It is though where if there was a “club” for caravanners and motorhomers that attracted a large percentage of the buying market they could help massively. They, if interested in that membership, could disseminate in say a monthly magazine or online the issues members had with the various products?  This to at least guide members in more than the self-obvious visual features of the products. wink

  • PITCHTOCLOSE
    PITCHTOCLOSE Forum Participant Posts: 658
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    edited January 2018 #15

    This club gets splinters sitting on the fence,it is about time it got off the fence and stood with the members.

  • Boff
    Boff Forum Participant Posts: 1,742
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    edited January 2018 #16

    I believe there is such a club, and a large proportion of new LV purchasers are a members.

    However I attended a meeting of this club where the Chairman of the Club stated to the assembled audience “we are not a campaigning organisation.”  

    The same club commissioned a reliabilty and satisfaction survey and then after much delay announced everything in was wonderful in the industry.  A case of move along, nothing to see here.

    The club’s attitude to the industry is best described as supine.  Which doesn’t help it’s membership, or ultimately the industry.  

    Bottom line if you have a problem then you are on your own. 

  •  viatorem
    viatorem Forum Participant Posts: 645
    edited January 2018 #17

    Then there is the National Caravan Council that is supposed to certify the safety and build of all UK vans, paid for by the manufacturers ....so they aren't going to be interested either. Which surprises me as collapsing axles can't be safe?

     

     

  • cyberyacht
    cyberyacht Forum Participant Posts: 10,218
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    edited January 2018 #18

    Whilst an action about build quality is likely to be inconclusive, a claim following a fatality which was as a result of an axle failure could lead to punitive damages being awarded which would focus the minds of manufacturers.