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Topic: Caravan Damp dispute - what action

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woodywba

29/3/2015 at 4:23pm
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Hi all,

My dad bought a Caravan from a private seller in October last year and paid £6300. Although we no longer have the advertisement it did state that the caravan was in excellent condition and he was induced to buy because of the advert.

When we met with the seller we asked if it had ever suffered with damp and he said it hadn't. We had a look around and took another family member a couple of days later who owns a caravan along to inspect and we all seem to think that all was ok. We picked the caravan up a few days later. We met the seller and his wife, and both myself and my parents were there and he seemed a decent enough chap.

A few weeks ago we had the caravan serviced by an engineer who found it to have damp. The report by a repair specialist is below:

""Water ingress found on the o/s/f

Wall from inside the top cupboards to the floor and along into the wardrobe

Readings taken are highest at 70%

Timber structure has suffered severe damp causing swelling and deterioration.

Possibly caused by leakage of the awning rails and midway seal.

This has been leaking for more than 12 months due to how far it has got to and rotten timbers.

As previously mentioned on our inspection the cost to remove all damp and timbers including wardrobe and cupboards will be in the region of £1800 and will take approximately 2 /3 weeks to repair and dry out.

We must stress that due to the damage the damp has caused if left more for time the costs could rise due to more work needed to carry out the repair

And could start affecting the outer aluminium skin with corrosion""

Both the service engineer and repairer both say that damp had been present for at least 12 months. It seems the seller mis-represented it when selling.

My dad telephoned the seller and told him of the problem and requested half of the repair bill but the seller seems to be stalling a bit.

We have spoken to the Caravan & Camping Club legal team, and they seem to think we have a good case and to put in writing to the seller that we spoke on the phone and the problem has been explained, and also that we requested half of the repair bill as a gesture of good will.

I really need help with a template letter, not threatening court action just now, but just highlighting the fact that we have spoken to him over the phone and we now need a response from him about what he plans to do. I plan to enclose a copy of the repairers report and also the service engineers report.

I do know about "Buyer Beware" caveat emptor, but this does seem very dishonest of the seller to do what he has done. I actually spotted sealant on top of the caravan but he said it was just preventative.

Please help
Thanks all and sorry for the long-winded post.

freeatlast

29/3/2015 at 4:49pm
Location: Teesside
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Question is, did the seller know it was damp?

We had one new van repaired where all of one side was damp, and it was just a year old, so it takes far less than a year for such a problem to establish.

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JuanHuNose

29/3/2015 at 4:50pm
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Very annoying, but you did inspect the caravan (and had another family member who did likewise). Unless there was any warranty given or implied I think it would be very difficult to get any recompense from the seller.

Did the seller know it was damp? Possibly. Can you prove it? Doubtful.

The damp may well have been there for over 12 months, but maybe it didn`t exhibit any signs - quite possible and difficult to prove otherwise as there is no exact science as regards how long it takes damp to become rot.

If you had discovered the problem within a couple of months then fair enough, if I had sold a secondhand van (and one which I am guessing is at least 7 years old) and someone came back a year later asking for money, I`m afraid they would have to sue me and have a decent lawyer.

Probably not you wanted to hear, but there you go. Had the van been serviced prior to it being being bought, and if so did it have a damp report? If not, it would have been sensible to get it serviced as soon as to make sure the running gear, gas and electrics were safe - after all £6300 is a lot of money, and a 200 quid service would have thrown up problems and ensured everyone was safe.

billy

29/3/2015 at 5:24pm
Location: North Essex
Outfit: Caravelair Alba 400

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You have far less protection with a private sale than with a commercial trader. With a private seller you have to actually prove that he lied when describing the goods. If seller does not cough up anything you have redress in the small claims court but you need proof, ie receipt in writing stating caravan was dry & so on & even then with caravan several yrs old everything is arguable.

Did caravan have a sevice history of service & damp checks? Seller could argue that to best of his knowledge it was dry when he sold it. Tbf, the average caravanner selling a caravan he had owned for several yrs would have no idea if caravan was damp or not if it was not obvious, buyer beware really.

How much below dealer forecourt price was it? If caravan is properly repaired at the end of it he will at least have a good caravan. I'd book it in for repair, lean on seller a bit for a contribution but if no joy I'd leave it. I would be suprised if any legal action succeeded.

woodywba

29/3/2015 at 6:06pm
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Thanks for the replies..

As Billy says I think I may lean on the seller a little. I told my dad that I would do a letter but i'm not quite sure how to word it. Plenty of templates out there threatening legal action, but I'm not wanting to do that now.

I need to mention the telephone conversations my dad had with the seller explaining the damp problem and highlight his request for half of the repair bill.

Maybe give 14 days in which to respond.

It doesn't fall under sale of goods act, so any other thing I mention like mis-representation would be good.

I can also attach a copy of the service report and also the repairer's estimate.

Any help appreciated.

clbewi

29/3/2015 at 7:18pm
Location: Essex
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I'm with the others, they may have not known it was damp. We bought from a dealer and ours was found to be damp at the next service. We have just had the awning rails replaced. Luckily it's still under warranty but we didn't have any idea there was damp. I really don't see you have any come back, I feel you should have had a competent person round to see it before you bought it. I don't think the seller has any obligation to pay half the costs, and as said you will need to prove he knew it was damp, and I don't see how you can possibly do that. I think this is just one of the unfortunate things that can go wrong when buying privately.
Hopefully you can get it sorted and enjoy the van.

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Claire and Colin

Boston600

29/3/2015 at 8:04pm
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I don't think you will get anything. I also don't think you would if you had bought from a dealer, unless you had a water ingress warranty which most used dealers don't five on a van more than 7 yrz old anyway.

thegavs

29/3/2015 at 9:02pm
Location: Newbury
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You said it yourself in your original post. Buyer beware. Buying anything privately is a risk, I should know, been stung a couple of times with cars but if the seller seemed a decent chap, and 3 of you inspected it before buying, he may not have known. And to be honest, 7 months down the line, if someone came back to me demanding money and accusing me of dishonesty there'd be a very short conversation indeed!

brianconwy

29/3/2015 at 9:05pm
Location: north wales
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Did the seller not produce service reports showing damp readings taken at services? I would be looking to see those and also take a few damp readings myself.

I800 dave

29/3/2015 at 9:19pm
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A case of buyer beware I'm afraid, didn't have a damp meter? A court would simply tell you it's your own fault for not having it professionally inspected, somewhat of a small price to pay for a 6+k van

freckles63

30/3/2015 at 9:29am
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Mobile engineers just charged us £150 for full service on our 4 berth single axle caravan, if I was thinking of spending nearly £6500 on a private sale I would take a guy like our engineer along to do some tests and give us his opinion, don't know what he would charge but it would be worth the money.

Maybe something to think about next time, don't think you will get any monies btw but good luck with trying as it is horrid to be took for a ride, if this is the case.

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billy

30/3/2015 at 9:43am
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Trouble is with that, you risk spending £100s on engineers & never find a suitable caravan. Its better to equip one's self with the knowledge, it not that hard. Its possible the op has still got a baragain even after he has paid for repairs. Its often better to buy something cheap that needs work & once that is done then you know its ok.

path20

31/3/2015 at 9:11am
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We have just bought a new caravan but it was a demonstrator,twelve months old.
We arranged to have a damp test done whilst we were there watching.Fortunately everything was fine.One caravan we bought from new had 60% damp down one wall at twelve months old.
Damp quite often cannot be seen and maybe the seller knew nothing about it.

woodywba

31/3/2015 at 11:38am
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Thanks for all the replies

carolmac62

10/5/2015 at 7:37pm
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Have just seen your post and am in the same situation as you were.
Anyway after beating myself up about should have done this that and the other I am getting legal advice as the seller stated the caravan was in excellent condition throughout and there was no reason to disbelieve her.
I am seeking advice on using the 'Misrepresentation Act 1967 which stated the van was in excellent condition.
She did not have the service for years but it gave me no cause for concern as She assured me that she had the van from new and that it was well looked after. We at the time believed her that all was well and so I believe she misrepresented the state of the van to us probably innocently but she should not have made that claim when there was no proof that it was.

checkley1973

10/5/2015 at 8:06pm
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Quote: Originally posted by carolmac62 on 10/5/2015
Have just seen your post and am in the same situation as you were.
Anyway after beating myself up about should have done this that and the other I am getting legal advice as the seller stated the caravan was in excellent condition throughout and there was no reason to disbelieve her.
I am seeking advice on using the 'Misrepresentation Act 1967 which stated the van was in excellent condition.
She did not have the service for years but it gave me no cause for concern as She assured me that she had the van from new and that it was well looked after. We at the time believed her that all was well and so I believe she misrepresented the state of the van to us probably innocently but she should not have made that claim when there was no proof that it was.

I would save your money and use it to pay for the repair. The chance of you winning and then actually receiving any payment against a private sale is virtually non existent.

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