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Know how you feel, we have recently discovered a damp patch/leak in the washroom roof of our 2007 ACE not so supreme twinstar, luckily we have kept up servicing so it's now off to the Swift factory for repairs, obviously this was not designed / built properly as although we do extensively use the caravan it is mainly local and has traveled fewer than 1000 miles since we bought it new, I wonder what state it would have been with some decent milage under its belt, We bought a new van to be free of problems and to be honest we have had so much work done to it under warrenty we would have probably been better off buying a 20 year old van.problems so far include badly fitted sink and shower tray so they were both replaced, the Thetford fridge totally packed up again this was replaced, sagging cushions, three differant area's of floor delamination this is now finally getting sorted again at the factory, have been told that we will be without the van for at least 4 weeks and the cheeky sods wanted us to pick the caravan up from thier factory in Hull, a nice round trip of 300 miles and about £80 for fuel I don't think so, needless to say there will be a nice polite but stongly worded letter accompanying the caravan.........Mark

Did you double check the dealer's readings yourself before accepting a lower trade-in value ?

Hi Darklord,

Your Sale of Goods Act (and all other Consumer Law) protection is in place for six years from the date of purchase. That is the limitation period for bringing any action for breach of contract. You will no doubt have read on other posts (especially John and Bevs saga about their Pegasus (Was Mad now Fuming) my comments on your consumer rights. Worth just reading those notes so that you are conversant with your rights.

If the dealer buying your van was the one who sold it you may like to argue that the dealer is in breach of contract in that the caravan is not of merchantable quality or fit for purpose having succumbed to damp in such a short period of time and thus it should compensate you for that breach of contract by buying the van at the originally agreed price.

If the buying dealer undertook your annual service there is the potential to argue that the service standard was not to the required statutory standard (after all they did not prevent the damp) and again you should be compensated. The service provided has got to be provided with reasonable skill and care. (Sale of Goods Act and Supply of Goods and Services Act)

Having made those points the downside is that your claim is now at year four of your contract period and the onus is now on you to show that at the date you bought the van the inherent problem of water ingress was present. That you have done nothing to exacerbate the problem.

Another downside is that the six year warranty comes from the manufacturer and that is not that there will be no damp, merely that if there is and you have complied with the service requirements the manufacturer will remedy the damp. Your argument is with the dealer. If the dealer is not the one buying the van you do have a greater problem in seeking compensation. Whilst buying a new van the dealer may be a tad more inclined to do the deal.

If the buyer is not the dealer who sold you the van why not ask the dealer for a view on whether the damp/water ingress was down to some original defect in the van, its construction etc. If he agrees and puts that in writing that may provide sufficient ammunition against the original dealer. The original dealer may want to look at the van

On the plus side in this scenario, you are only after the loss in value rather than a repair or money back and so the amount being claimed may not be at a level that the dealer would want to argue with you.

Worth a try...what have you to lose?

Phil

We had a really high reading in our last caravan once, on a second check there was something giving a really strange reading. I would get it checked again and also check your rights re fit for purpose and 6 years with consumer direct. Good luck.

Just had an extra thought Darklord. If you paid for the van by credit card, either in full or just a part payment e.g deposit (for any amount even less than the normal threshold of £100) then the credit card company is also liable for any breach of the Consumer laws in relation to the Van. It may also be worth firing a shot across its bows with a claim in such a case. They may also take issue with the seller as well on your behalf. Even paying just part of the cost of the van on the card leaves the Credit Card Company liable if you can proove a breach of the relevant Consumer Protection laws.

If the credit card company doesn’t pay up, you can ask for a letter of deadlock and then you can refer the dispute to the Financial Ombudsman Service. If more than eight weeks has passed since you submitted your claim to the Credit Card Company without it being resolved you can refer your claim to the Ombudsman straight away.

That is a cheaper route to dispute resolution than going through the County Court.

The major difficulty you may have in pursuing any claim is that you may need to hang on to the van for the other parties to survey it, or ask your new dealer to keep it available.

Phil

thanks

 its taken most of our savings and a bit.....but it would have cost us a lot more than it will take the dealer to reseal the van and even then we would have probally got rid of it as it allways sticks at the back of your mind.

 but now  we are glad to see the back of it even though we loved it.and pampered it , the problem and the most upsetting part is wouldnt have even thought about damp if we hadent been tempted by a new van, it may have been several years untill we found a soft spot on a wallboard.

roll on friday for the new van....fingers crossed

tony

Just shows how important the annual service and damp test is.

We bought a brand new van which stretched us to the limit. Then went out on our first outing to try it. The dual mass flywheel & clutch went on the car. Had to have it all towed home by RAC and cost me a grand for the repair. you never know what's around the corner.

In a couple of months time when your away enjoying your new van this will all be a distant memory. Just enjoy the new van and put this down to experieince.

If you are taking issue with the dealer on the basis that the van is not fit for purpose then the warranty is completely irelevant in law. That is a matter between you and the manufacturer NOT THE DEALER. First, as it is more than 12 months since purchase you have to show that the defect was there when you bought it which is a tricky issue after all this time. You have to recognise the distinction between dealer and manufacturer in these matters.

Phil