Caravan wheels came off

[Leggs11]

Hi all, I'm new to the site but I've been a caravaner for 15 years.
Just looking for advice or help. I recently putility my van in for a service and some cosmetic work. I took my van to his workshop which by the way is a old cow shed which didn't bother me to much as he's serviced my van many times before and I regarded him as quite competent as he is part off the Approved Workshop scheme albeit he is classed as mobile.
Anyways to cut a long storyou short I picked my van up on the sat teatime drove it 1.5 miles to my home address where it stayed attached to the car until the Monday morning where we set off on our jollies 3 kids 1 wife and the dog. We literally got 2 miles up the road when both wheels on the near side came off ripping through the floor and side off the caravan. I took it back to him the same day and had it out with him regarding him not torque the wheel studs up. After a lot off arguing he finally apologised and said he would speak to his insurance which took 4 weeks before we got a reply . Basically he's decided not to take responsibility for his actions and his insurance that he thought the wheel nuts had been tampered with outside my house and that I should of checked them before I set off. I know this is a recommendation but surly not not after 1.5 miles. I am now in a dispute with his insurance, just wondering if any body thinks I've got a leg to stand on or am I flogging a dead horse.

 

[PHOENIXFLIER]

On the face of it, this is is insane! Bloke services caravan......you drive down the road.....wheels come off...it has just got to be his fault. Sounds a right "Jack the Lad" despite having approved status etc. I am not an expert in these matters, but seeking legal advise would be my next step. Hope you get it sorted asap.

 

[otherclive]

Sorry to hear about your troubles and good fortune that no one was hurt. If as you say the service agent is an registered business then I believe that you have very good rights under the Consumer Rights Act, the section on Provision of Services. Here is a link:http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Read the provisions carefully. Talk to one of the advisors and raise a case number if required. They have pro forma letters to draw on. Set out your complaint clearly in writing and hand or send by registered mail to the service company. Set out your requirements for the caravan to be repaired and restored to the condition it was before it was serviced. Or if too badly damaged its value re-imbursed. You may need to notify your caravan insurer too. Read the T&C. Don't take no for an answer as you can always fall back on the Small Claims Court actions which are quite straightforward to use. And invariably side with the consumer if their case is a just one.

Good luck.

 

[SirRogerFFS]

Wheres the Prof he will give you good advise . Come on John .

 

[tadhgocuilleain]

Get a solicitor, preferably one specialising in this type of case (not all solicitors are the same). Keyboard-solicitors on the internet will give you all sorts of advice - there's no guarantee any of it will be correct.

 

[PHOENIXFLIER]

Agreed.
Professional help is whats needed.

 

[VicMallows]

We literally got 2 miles up the road when both wheels on the near side came off ripping through the floor and side off the caravan. I took it back to him the same day .........

Are you really saying that you have a TA 'van, and after 2miles both nearside wheels came off - presumably at the same time? Even if the studs had by some extreme oversight only been done up finger-tight, for both to fall off together would seem an amazing coincidence. Did you recover all/any of the studs?
How did you get the 'van back to this man ? ..... Was it on the back of a transporter?

 

[ProfJohnL]

Hi all, I'm new to the site but I've been a caravaner for 15 years.
Just looking for advice or help. I recently putility my van in for a service and some cosmetic work. I took my van to his workshop which by the way is a old cow shed which didn't bother me to much as he's serviced my van many times before and I regarded him as quite competent as he is part off the Approved Workshop scheme albeit he is classed as mobile.
Anyways to cut a long storyou short I picked my van up on the sat teatime drove it 1.5 miles to my home address where it stayed attached to the car until the Monday morning where we set off on our jollies 3 kids 1 wife and the dog. We literally got 2 miles up the road when both wheels on the near side came off ripping through the floor and side off the caravan. I took it back to him the same day and had it out with him regarding him not torque the wheel studs up. After a lot off arguing he finally apologised and said he would speak to his insurance which took 4 weeks before we got a reply . Basically he's decided not to take responsibility for his actions and his insurance that he thought the wheel nuts had been tampered with outside my house and that I should of checked them before I set off. I know this is a recommendation but surly not not after 1.5 miles. I am now in a dispute with his insurance, just wondering if any body thinks I've got a leg to stand on or am I flogging a dead horse.

I'm really sorry you have experienced this problem.

Having spent some time considering the information in your post, I do think you may have a case, BUT it won't be simple.

In essence this is a civil matter and would be judged on the balance of probabilities.

Based only on the information you have supplied, I believe it is more likely the service agent failed to tighten the nuts correctly than some other person has tampered with the nuts between the service and you setting off.

However it is not unknown for an aggrieved resident or neighbour to take precipitous action if someone parks a caravan in a street. So there is a possibility of that or someone just mischievously tampering with wheel nuts. Although I have made light of these two possibilities both are criminal acts

There is a constant trickle of reports of caravans loosing wheels. There are may theories that try to explain the phenomenon, but none have yet been shown to be conclusively proven. The best practice is to check the wheel nuts before each journey, but I am well aware that most people omit to do the check.

Assuming you do have caravan insurance, I do suggest you place the matter in their hands. It is likely the insurance companies (yours and the service agents) will be unable to establish the precise truth, and will agree to settle on a shared responsibility basis.

 

[PHOENIXFLIER]

Just had another thought!

I think it may be possible to "lockwire" the nuts / studs together.

I have a few spare....so will give it a try.

 

[Martin24]

I would consider with the greatest respect that not checking the torque before setting off on a journey is rather your own fault. This is not to detract from the possible lack of due care by the servicer just good practice which we should all follow. IF it had happened on the first homeward journey you would have a better and easier to consider your case. Having had the van stood at home and then the wheels coming off we're now into reasonable doubt and balance of probability along with burden of proof. The main thing however, that is in your favour, is both wheels coming off at the same time. That just doesn't happen and would perhaps give you a stronger case for saying they just hadn't been tightened at all. I believe the usual recommendation following a service is that you re-check the torque after about 50 miles. You had not travelled that far so it's reasonable to expect them to stay on for 3.5 miles.

I think you probably have for and against and the weighing these up is down to you and a legal advisor. If you belong to the Caravan Club then try giving their free legal helpline a call and see what they say. I suggest this as the advice they will give is possibly using some knowledge of caravans.

Good luck!

 

[camel]

Check with the Chassis manufacturer what is the procedure for torqueing up the wheel nuts, for an example some truck manufacturers and national tyre companies these days will re-torque the wheel nuts after having the wheel off and after twenty minutes will re-torque the wheel again, this does away with having the wheel nuts torqued up after fifty miles, like the Prof says either your chap forgot to do the nuts on that particular side or your caravan might have been tampered with,

 

[Gafferbill]

I am with VicMallows and have difficulties with your incident as you describe it.

Not least you do not mention any contact with your own insurance company which as the Prof says should be your fist point of call.......even before a first post on a caravan forum!

 

[Hutch]

I tend to check my caravan wheel nut torques when I get our van out of storage, when its at home, normally the day before we go off. So if some evil minded nutter were to loosen my wheel nuts , I wouldn't know.
After this incident I think I will check them as I take off the wheel locks only takes another 10 minutes.
The mobile service chap I use makes a point of, torqueing up the nuts, in front of me.

 

[Leggs11]

Hi all thanks for the responses. I have insurance but I thought I could go at this myself against the man in question. I wanted him to pay for what he's done as the insurance were not interested in doing that. They are just happy to settle the claim. But it looks like I'm going to have to take that route as it's my word against his. Also yes both wheels on the near side came off together. at first I thought my car was breaking down felt like it was chugging. But it was the wheels running on top of the drums as soon as I backed off they shot out of the wheel arch taking part of the floor and side wall with them no bolts where present in the area but as I was on the A1 I couldn't really go searching.

 

[DrZhivago]

we're now into reasonable doubt and balance of probability along with burden of proof.

Yes, a balance of probability. I would say about a 9999 chance out of 10000 that it was the mechanic failing to tighten the wheel nuts.

Whatever the result of this, I would give the "Approved Workshop Scheme" of which he is a member a full account of this episode. Who is this guy anyway, so the rest of us can avoid?

 

[ProfJohnL]

we're now into reasonable doubt and balance of probability along with burden of proof.

Yes, a balance of probability. I would say about a 9999 chance out of 10000 that it was the mechanic failing to tighten the wheel nuts.

Whatever the result of this, I would give the "Approved Workshop Scheme" of which he is a member a full account of this episode. Who is this guy anyway, so the rest of us can avoid?

Sorry I cant subscribe to that level of certainty.