Hi everyone been a bit hectic just lately with my wife's health.
The matter in hand. I have taken the decision NOT to name the dealer as he did not knowingly sell us a defective caravan. It was supplied by Bailey's of Bristol,but our contract was with the Dealer. SOGA rules.
The court found in our favour and we received the compensation and our cost's promptly and without any delay.
There has been a ruling by the House of Lords that states you can claim for "loss of amenity" that is if you are unable to use your leisure home /caravan. So as found by the Judge , we were successful in claiming reasonable expenses mileage cost's going to and fro to try to minimise the water ingress damage. In addition we were successful in claiming for lost site fees and insurance costs.
But the "loss of amenity" is the main point. If you have a defective holiday home that you are unable to use . You can claim for loss of use and we did and were compensated for this at a daily amount.
MY THOUGHT'S from our case. if your defective caravan has to be returned for repair. Legally you probably could claim reasonable expenses Ie mileage. In addition you could claim for "loss of amenity" These are our finding's. A path well worth looking into.
Now back to a more important part of my life my wife, who has been very patient with me for the last eleven months.
Finally to ALL of you that have followed this saga thankyou the vast majority of you have supported me on this "Crusade" You have helped me a hell of a lot.
If I have helped any of the postee's (i dont think that is a word) I am a happy caravanne
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Just been reading the Bailey terms and conditions.
The six year Guarantee they offer on their Alu-Tech body is applicable to the original purchaser and provided the terms applicable to annual servicing, notice of change of ownership, keeping service receipts (make sure you get them from the seller) and payment of the transfer fee, any subsequent purchaser, for a period of 6 years.
This is an explicit contract between parties and therefore actionable if the body leaks at all and if it does and other parts are damaged by the leak then they should be part of the claim.
Interesting above re compensation for 'loss of amenity'.
Has the caravan to be serviced by a main dealer for that particular manufacturer to keep up the warranty or can it be done by any dealer or mobile service engineer.
Aye like most warranties they sound good till you try and claim them. To be honest I think the caravan industry does get away with a lot and you are hugely dependent on how good the dealer is that you bought it from.
Quote: Originally posted by Wobbly Box on 16/8/2015
........and you are hugely dependent on how good the dealer is that you bought it from.
So true. We bought our van new in March 2102. First service came due, and had to cancel because of ice and snow on roads. When weather improved we tried to rebook. Told to bring it in and leave it - they would see if they could pull it in but no guarantee this would happen. Due to go away in May, did not want to risk exceeding service date and invalidate warranty, so found another dealer who did the service for us. At 18 months old the van suffered water ingress, and had to go back to manufacturer. We know that the supplying dealer received reports from the manufacturer, but we were not contacted. In fact, the only contact was to promote their sales of new vans!
Bertie.
I solved mine after 4 years of stress . We have part exchanged it . Through a dealer. It still has 6 years warranty on it . So hopefully this will help with any further problems.
I never thought this would happen to us. I just hope our part exchange will not be the same .
Good luck to everyone .
Hi My name is Peter Johnson and I have the fore runner of your model a Senator Wyoming. In June I discovered that the inner front blind casements had come adrift and on examination it was revealed that the front frame was rotted due to water ingress from the construction joint of the front molded contour to the roof; further examination this week has revealed that the rear one is even more affected in that the side framework as well as the rear has rot in it too. So all in all the construction of mine and I am discovering others, are inherently faulty in method and design.
Bailey have advised me that the caravan is out of warranty and they cannot help; when curtiously asked to.....I have been a caravanner since the 60's and believe that this an industry wide problem and a national disgrace, makers are in denial and ignoring their responsibilities. Please respond I am willing to help with a major national campaign and legal fight which is what this requires. Regards
Peter J.
Hi Just picked up on your posting. My name is Peter Johnson and I have the fore runner of your model a Senator Wyoming. In June I discovered that the inner front blind casements had come adrift and on examination it was revealed that the front frame was rotted due to water ingress from the construction joint of the front molded contour to the roof; further examination this week has revealed that the rear one is even more affected in that the side framework as well as the rear has rot in it too. So all in all the construction of mine and I am discovering others, are inherently faulty in method and design.
Bailey have advised me that the caravan is out of warranty and they cannot help; when courteously asked to.....I have been a caravanner since the 60's and believe that this an industry wide problem and a national disgrace, makers are in denial and ignoring their responsibilities. Please respond, I am willing to help with a national campaign and legal fight which is what this requires once and for all. Regards
Peter J.