Abbey caravan showers

Mar 14, 2005
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we bought a new Impression 520 Based on gts vogue from Michael Jordan in October 04. The shower tap leaked water when the pump was running from behinf shower insert on first outing. MJ replaced it, but now we have discovered the replacement is also leaking. We didn't notice first outing after replacement because we didn't remove the shower mat. This time in my clean up I picked it up and it dripped everywhere. MJ has agreed to replace again, but is this common practice. This will mean a 2nd day off work for my husband to take it round to them for the day. At least a 50 mile return trip on M25, so quite a inconvenience and expense for us. Has anyone else suffered this problem and what did you do to resolve it? We haven't even used the shower yet and the carpets are getting wet!!
 
Mar 14, 2005
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Hi Larane

A recurring fault in new product is a strong case to invoke your legal rights under the Sale of Goods Act. Your supplier is required to supply goods and services that are fit for purpose, clearly the initial problem demonstrates the original product was faulty, (this is supported by the dealers agreement to repair). The subsequent fault (assuming it is the same problem), shows that design, material and or workmanship are at fault.

Please bear in mind that as the fault has allowed water to come into contact with the internal structure of the caravan, it may have set up conditions that will deteriorate and weaken the structure of the van leading to other expensive repairs and certain reduction of value.

You must identify who your supplier is. If you used a finance deal to fund the purchase, then you should contact the finance house or bank. If you used your own savings, then you should contact the dealer.

I suggest that a letter such as the one outlined below with the relevant bracketed details added may be suitable, but the situation is not entirely clear because you accepted a repair the first time round. I would strongly suggest you seek professional advice from a solicitor or the CAB, but I suspect that you may be able to "reject" the caravan, and claim a full refund of the purchase price and any fixed extras that were part of the contract.

Dear ___________

On the (Date) we purchased from you a brand new (Make & Model) Serial/CRIS No.______________. You will recall that on the (Date) we contacted you to report that (describe the fault) had occurred. We arranged with you to have the fault rectified by your company on the (Date) The work was carried out under job number (From repair docket) and we collected the caravan from you on (Date)

Subsequently on the (date) we found that (Latest fault) had occurred. This appears to be the same as the first fault, and as a result we conclude that the design, materials or workmanship used are not suitable for their intended purpose. Without having recourse to investigate any hidden damage that may have occurred resulting from the failure, we have no other choice but to "Reject" the Caravan as not fit for purpose as required under the Sale of Goods Act.

Please make arrangements within 14 calendar days from the date of this letter to collect the caravan from us and refund in full the purchase value of the caravan and fitted extras as shown on our contract of sale (Reference Number).

The caravan can be made available for collection between (Days and times) however a firm prior appointment will be necessary to minimise inconvenience to me.

I am conscious that the dealer may have genuinely tried to help, in which case you may agree to take the caravan to them, but stand up for your rights.
 
May 2, 2005
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Excellent reply by John L....can I respectively add that the van should be "damp tested" in any areas which may have been affected by the leak, in your presence. The more you let the dealer try and repair the fault, the weaker your legal options for replacement/refund.....
 
Mar 14, 2005
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Hi Larane

A recurring fault in new product is a strong case to invoke your legal rights under the Sale of Goods Act. Your supplier is required to supply goods and services that are fit for purpose, clearly the initial problem demonstrates the original product was faulty, (this is supported by the dealers agreement to repair). The subsequent fault (assuming it is the same problem), shows that design, material and or workmanship are at fault.

Please bear in mind that as the fault has allowed water to come into contact with the internal structure of the caravan, it may have set up conditions that will deteriorate and weaken the structure of the van leading to other expensive repairs and certain reduction of value.

You must identify who your supplier is. If you used a finance deal to fund the purchase, then you should contact the finance house or bank. If you used your own savings, then you should contact the dealer.

I suggest that a letter such as the one outlined below with the relevant bracketed details added may be suitable, but the situation is not entirely clear because you accepted a repair the first time round. I would strongly suggest you seek professional advice from a solicitor or the CAB, but I suspect that you may be able to "reject" the caravan, and claim a full refund of the purchase price and any fixed extras that were part of the contract.

Dear ___________

On the (Date) we purchased from you a brand new (Make & Model) Serial/CRIS No.______________. You will recall that on the (Date) we contacted you to report that (describe the fault) had occurred. We arranged with you to have the fault rectified by your company on the (Date) The work was carried out under job number (From repair docket) and we collected the caravan from you on (Date)

Subsequently on the (date) we found that (Latest fault) had occurred. This appears to be the same as the first fault, and as a result we conclude that the design, materials or workmanship used are not suitable for their intended purpose. Without having recourse to investigate any hidden damage that may have occurred resulting from the failure, we have no other choice but to "Reject" the Caravan as not fit for purpose as required under the Sale of Goods Act.

Please make arrangements within 14 calendar days from the date of this letter to collect the caravan from us and refund in full the purchase value of the caravan and fitted extras as shown on our contract of sale (Reference Number).

The caravan can be made available for collection between (Days and times) however a firm prior appointment will be necessary to minimise inconvenience to me.

I am conscious that the dealer may have genuinely tried to help, in which case you may agree to take the caravan to them, but stand up for your rights.
Thank you, we have sent letter detailing our position. We now await a response.
 
Mar 14, 2005
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Hello Larayne

Sorry I miss spelt your name first time round. I do hope that you sought professional advice regarding the letter before sending. I am not a soliciter but I have used a similary worded device for a piece of electronic equiepment that continually failed.

Best of luck.
 

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