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Topic: Rights as a private buyer

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carolmac62

12/5/2015 at 10:06am
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Am waiting for a phone call this week from solicitor just for advice.
Have come to accept that it was my fault through ignorance that I didnt get it checked. At the time I was had the service in mind but was purely thinking of safety rather than anything else. So I know now that there is no proof whether they knew or didn't know about damp.
However the physical things like the shower tray, awning,awning rails etc surely seller has a duty to at least check these things before stating excellent. But then again I'm sure I am going to be told that it was all my fault for not seeing it or having an engineer to inspect it.
Will post solicitors response but it has put me off getting another van even from a dealer as friends of ours bought new and started to leak at front. Can you believe it but they were told the fault happened because the men at the factory went on a tea break and on returning they had forgotten the stage they were at and so some screws were not put in!!!!!Hence the leak.
Yes it was all replaced by a complete new front but the battle they had to get it replaced rather than fixed was huge.

the black fox

12/5/2015 at 12:17pm
Location: flint north wales
Outfit: swift challenger 480se 2002

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i recently had a similar experience while selling a camera bag ,the buyer on receipt decided that it didn't come up to as new standards (its about 10years old ) and as it was a private sale i gave him a refund ,the bag on return however was internally ripped apart and i had to spend a hour or more putting it back together again.my appraisal was it didn't fit the stuff he wanted to put in it .i in the end listed it on e/bay as sold as seen took the hit on the fees and got more for it than i did via the first private sale .
.so as you can see it works both ways ,my advise on this is take it on the chin ,learn how to repair it ,and by doing it yourself you know its up to your standards then enjoy it .
a engineer will find faults that you didn't know existed and to be honest probably wouldn't have bothered you if you hadn't have known about them .
at the end of the day its a mobile bedroom and kitchen for cheap holidays . don't end up like the couple we watched while on holiday last year who for 4 days solid and at times on hands and knees and equipped at times with a toothbrush constantly cleaned there pride and joy

carolmac62

12/5/2015 at 1:13pm
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Repair it ha ha. Just had engineer report and said most of the van was damp with up to 90 per cent in areas plus to ensure no more leakage part of the roof needed repairing because of aluminium corrosion. Total cost approx. £4000
Plus to use shower again £400 plus vat.
By the way I'm passing the angry stage now and laughing at what a huge expensive lesson I have learnt.

billy

12/5/2015 at 1:36pm
Location: North Essex
Outfit: Caravelair Alba 400

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Re read the last 4 lines of the second post on this thread...

carolmac62

12/5/2015 at 7:20pm
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Just had solicitors advice.
Private buyers cant use the 'Misrepresentation Act' but may be able to use 'breach of contract'.
In our case we would have to get full engineers report to list everything that is wrong with it. However like everyone has said damp cannot be used as it is unseen and so a service should have been done.
The shower tray is a difficult one as you have to prove that seller knew it was unusable and even engineer said it may or may not have been noticed on service.
So to go to a court for window, awning and rail may be unrealistic!!
Then the solicitor said that then it is down to interpretation of 'Excellent'.
So even though she didn't advise not going to small claims court she did state that you may not get out as much of it as you think.
All depends how things are valued.
So we are going to keep our new toy and look after her the best we can and enjoy her for as long as she keeps going!!!!!!
So my conclusion unless you are totally clued up about everything don't buy privately as there is no law out there to protect you.

Rhj296

12/5/2015 at 9:06pm
Location: Sweet Home Inversneckie
Outfit: Swift Elegance 565 Volvo V70 2.4

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Sorry to hear it has ended this way.
It leaves a bad taste and isn't the ideal way to start with something you've looked forward to.
Not sure what the costs will be but I would get it fixed and try to move on.
Hopefully it'll be a great summer and you'll get the best out of it.
Best wishes.

carolmac62

12/5/2015 at 9:47pm
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thankyou.
engineers costs are
1250 for damp
1500 roof corrosion
450 delaminated window
400 shower
i think not. and diy skills not so good.
having its first service in 9 years next week and looking forward to next set of unrevealed horrors. god what planet were we on when we said yes to buying.you have to laugh cos im sure sellers are. .

Opensauce

13/5/2015 at 8:15am
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If roof has corroded right through rub down & skim with IsoponP40 over any actual holes, run down when set then paint with white Hammerite. If its just bad paint then rub down & paint with white Hammerite.

Delaminated window can be fixed with a £4 tube of acrylic glue.

Then get a couple of cartridges of PU sealant, Sikaflex512 or another brand, but must be PU sealant. clean external seams with meths & seal over them. Won't look pretty but will do the job. Also use sealant to fix shower tray.

That will give you a usable caravan for the foreseeable future. If you seal outside then inside will dry out.

Otherwise, save your service money & unload caravan as suggested in post 2 on this thread.

Motobiman

13/5/2015 at 8:46am
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Oh dear, sad story, hope it all works out for you.

Makes the blown bulb, broken lock and badly fitted shower O ring, on the caravan I bought off Exxx look a bit minimal as that was all that was wrong with it....... the price was about the same and it was 300miles away.

There are 'good' sellers on Exxx too.

carolmac62

13/5/2015 at 5:44pm
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To conclude case for all future buyers who are easily beguiled ha ha ha!!!!
Law states:
Cannot use 'Misrepresentation Act' against private sellers but only dealers, shops etc
Can use 'Breach of contract' but not for unseen damp
Can use 'Breach of contract' for all things seen but then you have to
1. weigh up hassle
2. Battle out the term 'excellent condition'
3.prove seller knew of the faults
4.Bring engineers full report which was given to us for free through pity I think!!!!
5. Be prepared to lose the battle.
So we have booked weekend away armed with gunge stick and going to enjoy her for however long we can.
Also having a quote from caravan medic who seal shower trays cheaper than replacing.
I know other messages suggest selling her on but that means a trade in of £2000 then having to add the rest of the money for the newer one. Cant afford at the moment.
Lastly service engineer made me laugh. He asked whether we could put our foot through the floor or whether our hands went through the wall.
He said if not then we probably can get a few more years out of her if we can seal leaks as best we can!!!

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