Hi, new to the forum, but noticed Oiwajs comment about taking legal action against Bailey for damp in the floor of Alutech type caravans. Are you still looking for more evidence? If so we have some!
Quote: Originally posted by Billy x on 10/5/2015It would help if the op could list what he specifically wants from this court action. What would he regard as a successful outcome?
This needs more explanation because usual route is through supplying dealer with rejection of caravan & refund if all else fails which for the individual would be regarded as a successful outcome.
So presumably he hopes for compensation for loss of use & other costs incurred over & above refund of caravan despite warranty t&c's stating that no compensation is payable for loss of use of caravan while off road for repairs, yes?
Post last edited on 10/05/2015 11:05:39
That clause is meaningless if the item is not fit for purpose, it would likely be ruled an unfair contract term and thus be void.
A class action for compensation may just bring these cowboys to their senses.
Try and involve the media as well, TV would be good.
Discounted Insurance Quotes for UKCampsite.co.uk visitors! Up to 12.5% off!
Quote: Originally posted by checkley1973 on 10/5/2015
I can't see how you are going to take Bailey to court, you have no contract with them directly?
You will need to go via the dealer who you purchased it from, the fact that you haven't adhered to the terms of any warranty transfer isn't going to help you.
I worked on court cases for a national retailer for 4 years, would be interested to understand what you are challenging?
Interesting to read about someone else who has a bailey 25mm
lower on one side. That is outwith the tolerance that Alko allow. Alkos response is we only provide the chassis and it is the manufacturersame responsibility balance the load. Long story short baily have put battery, microwave, fire, hob, oven, fridge, sink, bathroom sink and unit and full height wardrobe all down the one side of the caravan.
Bailey weren't interested.
Dealer was very helpful and gave us a guarantee that if this caused any issues in the future they would personally honour them.
So far no issues other than having to put a piece of wood under the wheel 99% of the time to level the caravan when on site.
Quote: Originally posted by Motobiman on 14/8/2015
Quote: Originally posted by checkley1973 on 10/5/2015I can't see how you are going to take Bailey to court, you have no contract with them directly?
You will need to go via the dealer who you purchased it from, the fact that you haven't adhered to the terms of any warranty transfer isn't going to help you.
I worked on court cases for a national retailer for 4 years, would be interested to understand what you are challenging?
to me this is all symptomatic of a deeper problem - that we as caravan owners get caught between makers and agents because we don't seem to have some basic rights.
I can buy a new car from any approved garage in the country - which gets them all competing for my business.
Once I have the car, in my case a Mercedes, if there is a warranty issue I can have it seen to at any Mercedes dealer in the country or even abroad - as a priority (or Mercedes or whomever will have their guts for garters).
Switch to caravans however and we're strongly steered to only our local dealer through fear - fear that they won't do warranty work to any caravan they haven't themselves sold, or even deign to do annual servicing. Manufacturers don't seem to care.
This leads to incredible complacency in both manufacturers and dealers - of which Bailey seems to be the worst of the bunch by a large margin. Really like some of their new 'vans but wouldn't take the chance.
------------- Camping Gear expands so as to fill the space available for its transportation.
In any case, caravan or other, you only have a contract with the person/company who sold you the item.
If your caravan toilet leaks and floods the bathroom with poo and wee, you claim against the retailer, the retailer claims against the manufacturer, the manufacturer claims against the toilet manufacturer and the toilet manufacturer claims against the seal manufacturer who coughs up 20p for the defective seal.
everybody loses
Both a contract of sale and a warranty (implied and explicit) attached to that sale are contracts and failure in either can result in a breach of contract claim.
This is complex law but see this simple extract from a trading standards website.
Quote
If you are having difficulties with the retailer or if he has gone out of business you can then legally enforce the terms of guarantee with the manufacturer. Another course of redress may be through the finance company. If you have entered into any credit agreement or have paid by credit card then section 75 the Consumer Credit Act 1974 provides that the finance company is jointly liable for any breach of contract or misrepresentations made for purchases over £100 and less than £25,000.
Unquote
Notice the word 'or' in the first line.
Nothing is lost in issuing against both parties.
The manufacturer may apply for summary dismissal claiming no contract but something in the paperwork may say otherwise and then again he may ignore the claim and lose with no contest.
The important thing is not to be fobbed off by one or both of them.
This is complex law but a warranty is a contract and the circumstances may give relief against the manufacturers guarantee as well as a breach of contract action against the retailer that is the first option.
Quote
Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights. See our section on guarantees and extended warranties for more info.
Read more: http://whatconsumer.co.uk/shops-responsibility/#ixzz3irv32IUG
Follow us: at whatconsumer on Twitter | whatconsumer on Facebook
Unquote
I am sure there was a post several months ago where a chap bought a new Bailey Alu Tech caravan and had a long list of faults, main one being leaks. He took Bailey to court and won his case.
------------- It is a wise man who has something to say.
It is a fool who has to say something.
Quote: Originally posted by Wobbly Box on 15/8/2015Is this the one your thinking of.
http://www.ukcampsite.co.uk/chatter/display_topic_threads.asp?ForumID=31&TopicID=305738&PagePosition=2
Don't think that was the one, the chap had a long drawn out fight but eventually won his case and got his money back.
If I remember correctly his wife was going through a difficult time with cancer at the time.
------------- It is a wise man who has something to say.
It is a fool who has to say something.