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We purchased a new Elddis Crusader Cyclone caravan from Pearman Briggs (Gloucester) in July 2012. We were very pleased with the caravan until around June 2013 when it started to fall to pieces. Yes I mean that! 

Firstly the oven door fell off whilst in transit shattering the glass and damaging the floor. Then the laminate on the doors and cupboards started peeling off. Wall board trims loosened. Trims on shower came off, rooflight struts failed, all locker handles failed. The list is long!

We took the van to Glossop Caravans as we live in the North West. It took 10 weeks for the oven door to arrive, they fitted it and then said they could not repair anything else. (4 trips approx 100 miles total in visits) We were referred by Glossop Caravans to C&S Caravan Services in Accrington to assess the van as Elddis did not want the van returning to the factory. This was a round trip of approx 60 miles .C&S said its a big job all the cupboards will need to be taken out and replaced. (This is now August 2013.)

We went on holiday and had the caravan serviced in September 2013. 25% damp was found in 2 locations.

Eventually the van went in for repairs in December 2013.( Another 60 miles) Elddis did a very poor job of sending incomplete parts and wrong parts for the job. (In Febuary 2014) C&S telephoned to say the work was complete but something else is wrong, you need to come to the garage uh oh!

On arrival I met one of the owners who showed me the van. On the roof at the rear is a screwed strip going right across the van. There was splits at each screw, water had got into the splits and frost had caused further damage resulting in a split down the rear pannel of the van. Water had been dripping down from the roof and had flooded the mattress, floor, back cupboards. (60 miles)

 Elddis (bless them) have said yes thats our fault repair under warranty.The estimated time to complete work could be up to 3 months. Enough is enough I am not accepting this work. Who knows what will go wrong when the warranty expires. 

I want a replacement van, we purchased the Crusader Cyclone as we liked the layout. We still do but our van is just one big lemon. The van is usable and not fit for purpose. We have missed a lot of weekends away I am not taking anymore I am writing to Elddis requesting a replacement van. Watch this space for updates. Will Elddis do the right thing for a very disgruntled customer or try and send me back to Pearman Briggs? (Many miles away)

Not legally entitled to one after this length of time I am afraid and becasue they have said that they will repair. Under SOGA if a repair is more cost effective than replacement the seller can insist on repairing.

In any event your SOGA rights are against the dealer you bought the van from and not against Elddis. Thus all that Elddis has to do, under their contract with you, is warranty work. You are running the wrong argument against the wrong company I am afraid.

Elddis is actually doing the right thing in law.

Phil

Thanks for the information,I dont know much about the SOGA.  I'm just really annoyed that so much repair work has already been done on this van and now major structual repairs are needed.

Pearman Briggs are not aware of all this as Glossop Caravans initially ageed to inspect and then they referred me to C&S who work closely with Elddis. But from what you have written Phil, I assume even if I contact Pearman Briggs a repair is all I'm going to get despite the length of time and miles driven?

On the facts - yes.

As the dealer is far away have you had it serviced by an approved engineer over the years?

Phil

Having read the post from Scoobz I think that it may be helpful to explain just how the law works. Many a time a failure to understand just how the law works does get folk into difficulty. They just end up arguing the wrong point and lose.

It is section 48B of the SOGA (as amended by The Sale and Supply of Goods to Consumers Regulations 2002) which gives you the choice of repair or replacement when the caravan you buy does not conform to your contract for purchase. i.e. bits fall off and it gets damp. Under the terms of the SOGA that contract requires the caravan to be of satisfactory quality, sufficiently durable and free from any defects. So you may say, two years after you bought the caravan, that it is not fit for purpose

However, time runs against you. Section 48A (3) indicates that where a defect is found within six months of delivery of the caravan to you then the law deems that defect to have been in place on the date you contracted to buy it. So it is the dealer's fault. However, we are two years down the road and the law now assumes that any defect is your fault and you have to prove that that defect was in place on the date you bought the caravan. Very very difficult to prove.

Then, if you can prove that the van was defective when sold by the dealer, after this two year period, if the replacement of the van, as Scoobz suggests, is disproportionate to the cost of repair, the law enables the dealer to do the repair. In this case Elddis has agreed to undertake the repair (under a separate contract from the purchase contract - the warranty) at no cost to the dealer or the OP. So the repair is more cost effective.  

So you just can't say to the dealer that it has to replace the van. Start running that argument and it will run forever and you get no where.

Tell Elddis that you don't want the warranty work undertaken, and no one will sort out the van. Elddis is entitled not to do anything if you tell it not to do so..

Anyway, you can try the Scoobz approach to the dealer to whom you have not taken your van for all the repairs so far and see just how far you get. That dealer may be generous and be willing to act outside of its legal obligations - but I doubt it.

Then come back and tell us how that panned out.

The better option is to let Elddis do the work. You can still use the van whilst you wait for the van to go in for the work, so you don't lose out. They will put it right and the damp will be gone and you can carry on enjoying your caravanning.

In the alternative just keep knocking at a door which doesn't open and give up the use of your van.

Phil

Thanks for the information Phil.

I have started proceedings for the repair only 3 months more of work to be done. Oh joy.

But I guess its better than nothing.