Caravan still not repaired - dispute goes on

Mar 14, 2005
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I'm pretty cheesed-off - caravan still not repaired

Some of you may remember that our caravan was damaged being repatriated by a well-known British Breakdown company following a major car breakdown in Belgium late August 2006. The repatriation took over 5 weeks instead of the promised 15 days and was fraught with numerous cancellations and hiccoughs.

When the caravan arrived back home there was damage amounting to nearly £1200, ie, bumps and dents and lots of other "minor" damage. It took numerous letter to the aforesaid company to get them to admit liability. They finally did this admit this in early December. I then had to pay over £500 for the parts before repairers would go ahead and order them. Repairers advised that due to intervening Christmas, etc, parts would be unlikely to arrive before end of January. Just now been advised parts order only acknowledged early January and unlikely to arrive before mid February.

This means that we will again not be able to use the van at the Februay Half Term so now missed that as well as already missed October Half Term and Christmas hols. The fact that the handbrake will not lock vertically means that it is a bit dodgy to use the 'van as it is a big twin-axle.

In addition still in dispute with aforesaid breakdown company regarding cost of replacing car gearbox, ie, £2000+. They took us to a garage which supposedly repaired car after breakdown. Repair only lasted 10 miles but now they have got an independent report saying that the car was damaged at the first breakdown and that although the second failure was regrettable not relevant to the car gearbox need ing to be replaced, ie not their fault.

Court case is now the only option but I'm not sure if I can win. Almost certainly can't without another more favourable independent report. More costs and uncertainty. Sick of writing letters to the the above company's "Damage Limitation" Department. Every time a different argument and very skilled in waging war of attrition.

Has anyone else had a similar experience I'd be VERY INTERESTED to hear
 
Mar 14, 2005
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ANYONE!!??

I would be very interested to hear of any similar experiences others have had, whether they took court action and if they were successful?

Thanks in anticipation.
 
Jan 3, 2007
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Tim,

Tim, I'm not an expert on the legal implications but reading through your problems with an objective eye I see you have two seperate issues that need to be tackled individually...

1. Your damaged caravan

If the repairer cannot get the parts and complete the work within a reasonable time I think you have a case against the breakdown company, who have already admitted liability for the damage.

They should make arrangements to either compensate you for the lost use of the caravan or provide a loaned caravan for you to use until your own if fully repaired. They won't offer this but as they are at fault I think you stand a good chance of getting something out of them. Maybe they can liaise with the repairer and put pressure on them to speed up the return of you caravan!

2. Your Car Gearbox

A little more difficult to assess responsibility here. If your car was taken to a garage by the breakdown company for repairs to a broken gearbox in the first place it is not usual for them to become involved in "non roadside" repairs. Do you have have a receipt from the garage for the repairs?

If after only 10 miles your car broke down again, then your claim would likely to be with the garage who repaired it in the first place and not with the breakdown company.

However, if you don't have clear receipts itemising the repair the garage may say the repair was just a temporary job and the work was not guaranteed to repair the fault (eg; to get you home) then it is much harder to prove the garage was at fault.

Mal
 
Jan 31, 2007
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Hi Tim,

Sorry to hear about your problem.

You need to speak to either your solicitor/caravan insurer and or the citizens advice bureau. Is the van on any kind if finance?

You have one claim that is split into sections

The damage caused to the van whilst it was in transit is one issue. you also have a claim for loss of use and amenity and then a claim for the stress and anxiety it is causing you and your family.

As its complex seek some good advice before you go any further.

All the best

Neil
 
Mar 14, 2005
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Hello Tim,

I have just r- read you postings from the 5th Sept onwards, and it is a sorry tale.

I concur with BemerMal that you need to separate out the issues as some are not strictly related to the others.

I am not qualified to give legal advice, but I do have a grasp of some of the issues. You need to seek professional legal advice as the contracts you entered into for recovery and repairers will need to be scrutinised.

If you were to proceed, it would be conducted through the civil courts, and in such cases it is judged on the balance of probability, rather than the criminal test of beyond all reasonable doubt.

This I think might improve your chances, though the judgments also consider the actions of the palintif and the defendant in the way a case is pursued.

See a soliciter.
 

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