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Further to my earlier post, I should add that the Swift warranty indicates that it is for the benefit of a buyer or a person who acquired under a Hire Purchase arrangement. Some warranties are not expressed to benefit hire purchasers. So, if you wished you could contact Swift and seek to enforce your warranty by having the van put into a fit state. Should you do so, then you could lose the right to terminate your Hire Purchase agreement. In effect you would be "affirming" that hire purchase agreement as I mentioned in my last post. 

The difficulties in your discussion with Discover arose because you were running the wrong argument. You have no contract with Discover (from the infomration you have given in this thread) so if you demand that they remedy the defects under the Sale of Goods Act, Discover are entitled to refuse as that act does not apply to them. Many a time consumers have difficulties resolving their problems because they take the wrong approach. Run the wrong argument and the other side responds to that wrong argument and you both end up focussing in on the wrong issue.

You do have some benefit in having an HP agreement in that Black Horse will negotiate with Discover to get the problems remedied. Discover need Black Horse as they assist them in selling vans. So, if you tell Black Horse that you wish to reject the van and to terminate your HP as the van is not of satisfactory quality they may negotiate with Discover for a replacement just to keep your HP in place. Black Horse want to make money as well.

Good luck

Phil 

You either want the HP agreement to end, give up the van and be free to look for a another or to retain the caravan. You cannot do both. Here are some potential pitfalls

1. If you tell the HP company that you are witholding paying, but not refusing to pay, that can be an indication that you are affirming the continuation of the HP contract and that could prejudice your right to terminate. You would be recognising your obligation to pay and you are only obliged to pay if the agreement continues. If you are to reject the contract, then that rejection has to be unequivocal to be of any effect.  

Read your HP agreement and in particular the clause relating to the missing of payments. You will find that all HP agreements set out what can happen if you miss payments. Keep yourself in the right.

2. If you want to terminate the HP arrangement then, if you pressure the dealer to repair the van, that would be a clear indication that you wanted to keep the van i,e, you are affirming the HP agreement and would not then have difficulty terminating it.

3. As you have an HP deal you do not have a contract with Discover. If you think about it, If I went along to Discover to demand a new van, even though I did not buy one from it, would I get any positive response from Discover? Under an HP arrangement you did not buy a caravan. Black Horse bought the van so the correct route would be to pressure Black Horse and leave them to deal with Discover. Remember, Black Horse, as the owner of the caravan, is responsible for its condition under the Supply of Goods (Implied Terms) Act 1973 as amended.  

Discover cannot provide you with a replacement caravan. Your HP contract is for the van you have and so only Black Horse can change the van and alter the HP agreement to specify the replacement van and only then with your agreement.

This saga has run since September. The longer you take to decide on your course of action the harder it may be to get out of the HP agreement (if that is what you wish to do). Maybe it is time to decide what you want, be clear and unequivocal, and go for it in discussion with Black Horse.

Phil

There is a principle in English law that no one should go before a court with "dirty hands." Courts tend not to side with a claimant who himself has been in the wrong in any dispute. Your position is best protected if you can go before a court with clean hands. The whiter you are the darker the other side looks. Makes it easier for the court to reach a decision. So, don't put yourself in the wrong however difficult that may be.

Phil

Can you tell me how to send a personal message, i have a copy of a letter my solicitors sent to my dealer, it worked i'm taking delivery of my new van in a couple of weeks.