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I washed the roof of our new van this morning and noticed that the sealant where the roof, rear panel and awning rail meet has a hole in it(ie not filled properly) that in itself not too bad, but.....................

The rear panel has a deep crack in it along the top nearside edge this will be a problem.

The van was picked up brand new 41/2 weeks ago the reason for getting rid of last van (by a different manufacturer) was because of the cracked front and rear panels but that at least lasted 3 years before it cracked!!!!!!!!!

I can't get hold of the dealer until tomorrow, they shut on wednesdays (helpful) i will be ringing them tomorrow morning.

I want to tell them where to put it and assist with the parking of it.

Has any one successfully rejected a van and how did you go about it?

Thanks all.

Trev

Cover it with Duck (duct tape) and inform the dealer, give them chance to reply Have you used the van, cos it sounds unlikely that a stress crack would happen so quickly, therefore this should have been picked up on the PDI. What make of van is it.

Jon

Hi jon

I don't think I'd better name the make yet i'd better give the dealer and the manufacturer time to do something about it.

I have used it for 3 nights but have only washed the roof for first time today.

Tentz, I know that the panels can be repaired but, I have just paid out £1000's for the van, have breaks booked for quite a lot of the year, I don't think that the van is fit for purpose if i can't use it for the breaks i've got booked, if it wasn't brand new and bought to replace a bailey with cracked panels then ok repair it but i think i'm right wanting a van that is right and fit for what was designed why should I have to wait 2 months plus while its fixed, if they can do it that quick.

Trev

  If I were in your position I would be rejecting the van, after all you wouldn't accept a new car with a cracked bumper or windscreen. As for it being the maker's fault, that's as maybe, but your contract is with the dealer and he should have picked up the fault at the PDI. Yes, maybe the panel can be repaired, but who is to say that the problem will not re-occur. There are one or two members of this forum who are, or have been, in the legal profession, I'm sure one, or more, of them will be along to give you their advice.

    Hope all goes well for you.

      Pete.

Quote: Originally posted by jonbob71 on 17/2/2010

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Cover it with Duck (duct tape) and inform the dealer,

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Thanks Tentz

that will be a handy piece of information

Trev

The relevant legislation that gives you the kind of rights referred to above include the Sale of Goods Act 1979; Supply of Goods and Services Act 1982; Sale and Supply of Goods Act 1994; The Sale and Supply of Goods to Consumers Regulations 2002. Technically, a directive from the EU does not come "into force" in the way that legislation does. That is a directive from the EU to a Government requiring it to implement legislation that accords with that Directive.

The legal position is that any Caravan bought from a dealer must be fit for purpose and of satisfactory quality. You say that it was brand new and thus it should be of the best quality. To be of "satisfactory quality" it must be free from minor defects, of good appearance, finish and safety. From your description it would appear that your van is not of the required standard implied into your contract for sale by the above legislation.

As indicated above, your contract was with the seller and it is for the seller to put matters right. In cases such as this a seller may endeavour to say that it can be put right under the warranty and seek to get you to sort it out with the manufacturer. The manufacturer is only obliged to repair the defect. Often you end up with seller bouncing you to manufacturer and manufacturer bouncing you back to the seller. And so it goes on and on.

Just a cautionary note, you have had the van for four and a half weeks and I assume that you have not done something whilst it has been under your control to create the cracks. The seller may ask or suggest this.

That aside you are entitled to ask for your money back. If the dealer is not willing to play ball and offers a repair or a new van then, once you agree to that you cannot change your mind and ask for your money back. Just bear that in mind.

So you have to decide what remedy you want and stick to it.

If you want a repair or replacement the burden is on the seller to show that the defect was not caused by the seller.

So, after just 41/2 weeks you should be on sound ground. The Seller may try to offer you a repair (so you get a repaired defective caravan...great) and you may have an argument. Don't start one by telling him where to park the van. This is a business transaction keep it at that level. If the salesman is no joy ask to see the Boss of the firm. Stay cool..it helps as right is on your side. Bit of luck they may just do the decent thing right away

Best of luck..let us know how you get on

Phil

Had to click and send the previous advisory note as the football was about to start. half time now so just adding a rider...if you acquired the van via Hire Purchase then the advice would be different.

If anyone out there has a van in a similar state but purchased it privately then don't rely on that advice for dealing with your issues. The legislation is there to protect consumers buying from dealers in the course of a business and not when buying privately. Its more a case of buyer beware in those cases

Phil

I know this is totally unrelated but I just had to say that GT60's profile picture is SOOO realistic! I'm sure I'm not the first to say I've just been flicking my screen, thinking there was a bug on it, then thought it was trapped INSIDE, then realised it was only crawling on the profile picture. D'uh!

BTW, So sorry to hear of your predicament. Please keep us posted, will be interesting to see what happens