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Subject Topic: What should i do?
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03/12/2018 at 9:35pm
 Location: Stockton on Tees
 Outfit: Lunar Clubman SB Kia Sorento
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Took my van (2011 Clubman)to dealer to trade in last saturday.
Dealer inspected van quite thoroughly then we agreed a trade in figure did the transfer and paperwork and I paid the balance by card.
I left my van with the dealer (70miles from my home), arranged to pick uo ‘new van ‘ on wednesday.
Dealer rang today to say caravan body coming away from the chassis, big problem he said.
I knew nothing about this and it had never been noted at any service.
Dealer now says he wants more money from me (up to £500)in view of this issue.
What to do?


03/12/2018 at 11:23pm
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speak to trading standards or solicitor first.....

have you AND the dealer signed any paperwork agreeing prices etc ?

Has he carried out and inspection of your van, provided a written appraisal of it and a written valuation ?



Post last edited on 03/12/2018 23:28:51


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03/12/2018 at 11:40pm
 Location: Stockton on Tees
 Outfit: Lunar Clubman SB Kia Sorento
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I have an order form.
“ Please supply the following caravan in accordance with the description and prices set out below”
It then gives the details of the “new” van and the price.
Then “ Allowance details” with details of my van and trade in allowance.
Also says”Paid in full” and signed.
At the bottom it says
“We( dealer’s name)accept and confirm the above order and undertake to supply the said vehicle upon and subject to the terms and conditions reffered to herein”
The form is signed by me and the dealer .

Can’t see T and C’s on the order form.
??


04/12/2018 at 12:11am
 Location: Durham
 Outfit: Bailey pageant burgundy
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Tell him to go take a walk. If they had inspected and more to the point accepted your van and their terms they should have noticed and been clear.
I'd walk away if you can, there'll be plenty more vans and better deals.

Sorry to hear this

-------------




04/12/2018 at 12:21am
 Location: Lichfield
 Outfit: Coachman Amara 450
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Tell the dealer that you want the caravan back and have a second opinion on the faults found first so a true value can be determined. If they refuse to oblige then it's proof that they have something to hide and that would be considered as fraud and in breach of your rights as consumer. Then you can take legal steps and proceed down the legal route if you need to.


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04/12/2018 at 12:46am
 Location: Stockton on Tees
 Outfit: Lunar Clubman SB Kia Sorento
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Blueexpo97 states on another post that he had a similar problem with his Lunar and therewas only one company in the country that would take on the repair.
If I ask for my caravan back and find there is a serious problem, the solution sounds like an expensive one.
The van i have bought, a 2016 Clubman SB was priced £1500 below similar ones advertised. It was bought by an older couple who used it only twice, it is “as new”
It is a small, family Dealership, not a large Dealer Group.
I am hoping that I can say “Look I’m sorry but we have a deal and a written contract.. and since I was not aware of the issue with the caravan i dont feel that I have an obligation to part fund the repair”


04/12/2018 at 1:08am
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Quote: Originally posted by jsparkes201148 on 04/12/2018
I am hoping that I can say “Look I’m sorry but we have a deal and a written contract.. and since I was not aware of the issue with the caravan i dont feel that I have an obligation to part fund the repair”



I would agree with that. The dealer inspected your van, you inspected his and you both came to an agreement, sold as seen and signed a contract. I would say the deal is done and dusted. Had you not left your caravan with him but taken it back on the day you picked up the new one, you would have the new caravan now and whatever problems he found with yours would be his problems.

You may need the assistance of a solicitor but that will cost you money unless you can find one that does 'no win no fee' but even then if you win and the deal goes through the solicitor will want paying.

It's a difficult one to advise because it seems the dealer has you over a barrel and he knows it. Maybe a solicitor from Citizens Advice may help with advice at least.

I would certainly want to inspect the damage the dealer is referring to as it could be damage caused whilst in his possession and he is trying it on.



04/12/2018 at 7:45am
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personally this would send alarm bells to me, you new nothing of it, you had the caravan regularly serviced and nothing was ever said regarding this issue. go back and view your old caravan and get them to show you the problem, I would however make sure you take someone with you but my thoughts are if he is trying it on, then exactly what is he going to be doing in the future with your new caravan? what if you have a problem that needs his attention, is he going to sort that out too? or fob you off in a similar manner?


04/12/2018 at 8:10am
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Not sure how the OP is 'over a barrel' if they have a signed contract.

Also if the fault is the same as what we had, and it does sound the same, the dealer would have to have towed it a few hundred miles for it to occur.

-------------
XVI yes?

As well is two words!
How does a sage know everything about everything? or does he? or does he just think he does?
Remember, if you buy something you bought it, not brought it.


04/12/2018 at 8:15am
 Location: Warwickshire
 Outfit: Gobur Clubman
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A solicitor could be more costly than the £500 figure you have been quoted, it’s a difficult one, if I was in your situation I think I would maybe think about paying it as you say it could be quite an expensive repair and you say that you are more than happy with the van you have bought, I wish you luck whatever you choose to do.


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04/12/2018 at 10:32am
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Quote: Originally posted by blueexpo97 on 04/12/2018
Not sure how the OP is 'over a barrel' if they have a signed contract.

Also if the fault is the same as what we had, and it does sound the same, the dealer would have to have towed it a few hundred miles for it to occur.



The dealer has him 'over a barrel' because he has both caravans and won't release the new one until the OP coughs up £500. If the OP wants to dispute the cost of repairs he will have to pay someone else to inspect it. The dealer knows a solicitor will probably cost more than £500 and therefore the OP will be reluctant to involve one, and, like others suggest, he is quite likely to give in and pay the money...he has the OP 'over a barrel'

Personally, I would seek some free legal advice from the Citizens Advice Bureau regarding the legalities of the contract already signed and the subsequent 'found' damage, and if a solicitor feels the contract is legal and binding and the damage is now the responsibility of the new owner (the dealer) I would take the dealer to court...with a no win no fee solicitor.

Don't forget that a dealer is far more experienced than the OP in inspecting caravans he is about to purchase and should have done so thoroughly and found any faults before agreeing a deal.

On the other hand of course, if the OP tells the dealer he is refusing to pay £500 and wants his caravan back since the dealer is failing to honour the deal, then the dealer may well decide he would sooner foot the cost of repair and go ahead with the deal...or even come to a an agreement on the cost of repair which might be easier for the OP to accept.

I still feel the dealer is trying it on though, especially if he is a small dealer as £500 to him may be a good profit whereas a large dealership probably wouldn't worry too much.

Just call me sceptical

Post last edited on 04/12/2018 10:40:03


04/12/2018 at 11:37am
 Location: Milton Keynes
 Outfit: 2023Archway Woodford
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As you say dealer inspected the caravan. Presume he went over thoroughly as my dealer does and going all over as well with damp meter. If he was satisfied with what he see, and must be checking trade ins regularly,knowing what to look for, and signed up with you , deal is done.


04/12/2018 at 2:10pm
 Location: Stockton on Tees
 Outfit: Lunar Clubman SB Kia Sorento
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Dealer inspected van while it was attached to my car, he later said the fault only became apparent when he inspected it detached from the car.
He said his lads were removing the gas bottle, and noticed that two L brackets in the Gas Locket that secure the bulkheadti the chassis, had “popped’ the screws.
He said it had been like this for some time.
I had never noticed anything or felt anything while towing.
And we have been to Spain twice this year.
Friends, in business have told me that we signed a contract and that’s it.


04/12/2018 at 4:14pm
 Location: Lincs
 Outfit: Skoda Yeti and Coach
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The bit I don't understand is why the van was left with the dealer When we change Van's we always take the old one and pick up the new van. Been caravanning for 40 years and was told then never leave your van unless you have the cash in your bank or another van, you would not take you car in a dealers and leave it so why would you leave your van.

By leaving the van the dealer has the upper hand.

Sennen


04/12/2018 at 5:06pm
 Location: Stockton on Tees
 Outfit: Lunar Clubman SB Kia Sorento
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Dealer is 70 miles away so didn’t want to tow it there and back, and there in torrential rain / fog and now frost. He did the transfer of ownership, so ‘my van’now belongs to him and the purchased van belongs to me. I have a signed order/ contract.


04/12/2018 at 5:29pm
 Location: Teesside
 Outfit:  Mitsubishi ASX4
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Having been through a similar process, yours would appear a difficult case. However! You state you have a contract duly signed and agreed. You need to read it very carefully including the small print, and look for:
1. Is there a date when the new van will be handed over.
2. Is there anything in the small print which gives them a getout about the inspection of your old van.

If you have an agreed date in writing on the contract, and there is no getout clause in the small print then the dealer is duty bound to supply your caravan on the date due. Consumer Rights Act, section 5:

A contract is a sales contract if under it—
(a)the trader transfers or agrees to transfer ownership of goods to the consumer, and
(b)the consumer pays or agrees to pay the price.



Section 28 states:
If the circumstances are that—
(a)the trader has refused to deliver the goods,
then the consumer may treat the contract as at an end.


In this case the trader has refused to supply the new caravan on the allotted date with a payment for the agreed amount, then you have the right to take your old caravan away and he keeps the new caravan.

Now its up to you as to which way this gamble will play:
1. The dealer wants the sale and caves in.
2. You cave in and pay £500 or haggle.
3. You take the caravan away get it repaired. (probably not by Catterick Caravans!), and then trawl round to find a similar van.
4. You take your caravan away, agree to get it repaired and then bring it back.

The Consumer Rights Act does appear to give the trader a right to cancel the contract and return your van and any money already paid.



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