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17/4/2015 at 10:24am
Location: Teesside Outfit: Mitsubishi ASX4
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Am currently in the process of going through the Sale of Goods act with my local dealer. Obviously I have already sought legal advice first.
A couple of interesting points came up:
1. The SoG act allows repair/replacement or refund. After a year, you would expect not to receive a full refund due to the use you've had out of it. Fair enough.
2.Replace or repair? This is where it got really interesting. It is down you as the customer to decide, NOT the dealer or manufacturer. There are a couple of factors however. One is time from new, and after just a year (especially with 10 year water ingress warranty) it is not unreasonable to go for replace. The other factor is cost. If it costs significantly more to replace than repair, then their refusal would be justified. Obviously you cannot demand a new van just because a cupboard door catch breaks. On your side is another useful point - significant loss of use.
All in all, I'm working on the basis of any repair on my caravan being quite extensive and intrusive, and all the faults clearly lie with faulty materials or workmanship so I'm going for replace. If they wanted to repair it, I would want a detailed breakdown of what they were going to do to rectify the problems (in writing of course) I can factor in the significant loss of use, and the risk factor. Why should I have to take any risk in the repair that it will be like new, that I will get it back on time, or the rest of the caravan is up to scratch given the problems experienced.
If I have to go to court so be it. When I had a problem with a Swift after the 1st year and ended up with an extensive repair, I was too busy to fight it much, and as a result when I came to sell it, the problem had not gone away and it cost me over £5k. Its not going to happen this time!
Its a bit late to say this now to Susan, but ALWAYS buy a van from a reliable, reputable dealer. I'm hoping my dealer is, because I'm sure they would not want the bad publicity.
Finally, we as a caravanning fraternity only have ourselves to blame. We all too willingly accept such shoddy workmanship and accept damp almost as the norm. Well made caravans would benefit everyone, even the second hand market.
Post last edited on 17/04/2015 10:30:03
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17/4/2015 at 10:35am
Location: sunny south east! Outfit: Coachman
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Quote: Originally posted by freeatlast on 17/4/2015
Am currently in the process of going through the Sale of Goods act with my local dealer. Obviously I have already sought legal advice first.
A couple of interesting points came up:
1. The SoG act allows repair/replacement or refund. After a year, you would expect not to receive a full refund due to the use you've had out of it. Fair enough.
2.Replace or repair? This is where it got really interesting. It is down you as the customer to decide, NOT the dealer or manufacturer. There are a couple of factors however. One is time from new, and after just a year (especially with 10 year water ingress warranty) it is not unreasonable to go for replace. The other factor is cost. If it costs significantly more to replace than repair, then their refusal would be justified. Obviously you cannot demand a new van just because a cupboard door catch breaks. On your side is another useful point - significant loss of use.
All in all, I'm working on the basis of any repair on my caravan being quite extensive and intrusive, and all the faults clearly lie with faulty materials or workmanship so I'm going for replace. If they wanted to repair it, I would want a detailed breakdown of what they were going to do to rectify the problems (in writing of course) I can factor in the significant loss of use, and the risk factor. Why should I have to take any risk in the repair that it will be like new, that I will get it back on time, or the rest of the caravan is up to scratch given the problems experienced.
If I have to go to court so be it. When I had a problem with a Swift after the 1st year and ended up with an extensive repair, I was too busy to fight it much, and as a result when I came to sell it, the problem had not gone away and it cost me over £5k. Its not going to happen this time!
Its a bit late to say this now to Susan, but ALWAYS buy a van from a reliable, reputable dealer. I'm hoping my dealer is, because I'm sure they would not want the bad publicity.
Finally, we as a caravanning fraternity only have ourselves to blame. We all too willingly accept such shoddy workmanship and accept damp almost as the norm. Well made caravans would benefit everyone, even the second hand market.
Post last edited on 17/04/2015 10:30:03
Good post and hope you get some resolution
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