More Consumer Rights Act info needed...
Opinion please on rejecting a van with 'verified', after 3 inspections, an inherent problem on a new van, with the floor. Not deemed 'unfit for purpose' but queries raised re the warranty after any rectification. We've had two rejection attempts dismissed and have not agreed/authorised any repair work but Elddis have taken it upon themselves to undertake a repair. Although the after sales at the dealership have been very supportive unfortunately the 'powers that be' have not, even though they have been supplied with a letter referring to our rights under the CRA 2015 ( supplied of unsatisfactory quality i.e. with no major or minor defects)and EXPECT us to now accept the repair. We feel we are being pushed into this decision with very little choice...is this our only choice..??
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As Kennie says your gripe is with the dealer not Eldis. However, you have a fairly short time scale to reject goods as unfit for purpose and even then the definition of unfit is narrow; although, I would have thought a faulty floor was good grounds! How old is your caravan? When did you first 'reject' the caravan? If it is not a fault justifying rejection the dealer should be given a chance to make a satisfactory repar and I would expect my caravan to be 'as new' after such a repair. There is another post (https://www.caravanclub.co.uk/club-together/discussions/information-technical-tips-advice/caravans/my-rights-under-consumer-rights-act-2015) about someone successfully rejecting a caravan. However, to answer your last question, ultimately your last resort. and maybe the only one left to you, is a claim against the dealer in the Court (Small Claims Court?). Unfortunately, if the repair is satisfactory you could well have no claim! Talk to the Legal Department.
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We bought a new van last May. In September we awoke to find water literally running down the wall.
We contacted the dealer and tried to decide how this would be dealt with as we had had a number of other issues and were not happy with how they were dealt with. We decided to take the van to our local service centre, manufacturer approved, however they found such a major problem they declined to undertake repairs.
All this prompted me to contact the clubs legal department who made it clear that my entitlement was to have the van repaired to a satisfactory standard. I mentioned rejection of the van but was told this was not what I was entitled to.
We had had by this time realised that the van had never been exposed to rain since purchase as it is stored under cover and when being used had only been exposed to rain on two days but as it had a full awning in the area of the leak, above a side window, had been protected.
So back to the legal team as my enquiries showed that if it would not be possible to be aware of the fault then the 30 day to reject limit may not apply-same answer, you are only entitled to a repair.
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Did you pay for any part of the caravan deal with a credit card? Even just the deposit? If you did that makes the credit card company part of the contract, and they will take some responsibility for consumer rights. My brother rejected and returned a caravan even after (partly unsuccessful) attempts to fix it by the dealer. After taking advice from various places, including credit card provider, he threatened legal action, and both manufacturer and dealer succumbed, to offer a new replacement van, with a small added cost due to it being 2018 model instead of 2017. (Brother agreed as added spec).
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“So back to the legal team as my enquiries showed that if it would not be possible to be aware of the fault then the 30 day to reject limit may not apply-same answer, you are only entitled to a repair.”
That seems not to be quite so. After 30 days you have to give them one chance to rectify the problems. If the item remains faulty after an attempted repair, you still have the right to reject.
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Well...we did look at the 'invisible' repair carried out by Elddis...facilitated by the dealership. It's far from perfect especially where the problem in the floor is. Letters to the dealership explaining our decision and a letter from them saying they have fulfilled their obligations re the CRA and warranty. It was never a warranty issue it was a proven inherent problem caused during or prior to assembly. We have passed the information onto the Financial Ombudsman but have been told by Which we COULD take legal action but better to await FO'S decision. Also, it will be against Black Horse...that's going to go well in view of the history..!!!
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Perhaps caravan standards should be more like those for cars - I don't know how they can get away with what they do - after all there is enough caravaners it's about time we all stood together !
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