Cracks Above Front Window On Caravan Can They Be Repaired

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Jul 17, 2021
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Hi, all.


I bought a Swift Charisma 550 2010 last week for £9200, I have just started to clean it and noticed some cracks above the window I asked the seller when I was buying it was there any problems and specifically was there any cracks in the roof, he assured me at the time there was no cracks I know I should have spotted this but did not.

Are these cracks repairable and how big a problem are they; the rest of the van is in pretty good nick just a couple of small areas around the awning rail need some sealant.

Does the seller have any responsibility for this as in paying for repairs as I asked about cracks and was there any problems and was told there was none?

Thank you in advance for the replies.
 

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Jul 18, 2017
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Sadly it is a case of sold as seen so probably no comeback unless you have it in writing or recorded with their permission. I would suggest that you contact an AWS technician in your area to give the the once over for damp as it may also require a service. Any idea of when it was last serviced? What is the age of the tyres?
 
Jul 17, 2021
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Hi.
The person I bought it off services caravans he done a full damp report and a full service before I bought it.
Should problems like that be pointed out in a service?

The tyres are new.
 
Jun 16, 2020
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Is the gray part part of the roof itself, or something the roof fits into. Only thinking that it may be able to be changed with minimum disturbance to the roof.

(Be aware, I am only thinking allowed).


John
 
Jan 19, 2002
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Yes it is repairable and will be relatively invisible when complete. There was a thread here where a gaping crack was repaired in the same spot above the window. You seem to have highlighted 4 hairline cracks that need a proper 'weld' so could be costly. Best to get a couple of estimates, and while it is 'buyer beware' you could see if the seller will offer anything towards the repair as the fault was evidently there when sold.
 
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Mar 14, 2005
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As you asked if there were any issues with cracks, you posed a very reasonable question, and the seller whether a dealer or private must by law answer honestly.

You tell us the seller "services caravans" and conducts damp surveys. In the eyes of the law he is a professional and should know difference between OK and not OK. He is also bound by the trades descriptions and Consumer Rights Acts, whether he likes it or not.

You asked a specific question about the condition of the roof to which he answered its good, which in his position as a professional you had the right to expect his reply would be correct and honest.

Your subsequent discovery of damage suggests he was wrong which automatically means he is n breach of both the above acts, and has abused his position of professional expertise.

You should write to him rejecting the caravan under teh Consumer Rights Act on the basis that it was not correctly described, and is in fact damaged contrary to a specific question you asked.

Depending on how long you have had the caravan, you might be entitled to a full refund, or the seller might be allowed to make ONE attempt at getting it repaired - to a condition commensurate with the age of the caravan.

Read up about the Consumer Rights Act
 
Jul 17, 2021
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Thank you for the replies.

#ProfjohnL, At the time when he said he would do the service and damp report I did think if I found anything serious I would be covered.

I think I will email him, send a link to this thread and see what he does, he seems like a nice guy I am sure he will sort it out.

How big a repair is it, and can it be done on site?

What would a rough estimate of cost be?
 
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Mel

Mar 17, 2007
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There is a recent thread on here by Gagakev who had similar sounding repairs done on his van. I will see if I can find it.
Mel
 

Mel

Mar 17, 2007
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This is it hope the link works. If not search for “gutted is this an insurance claim”
Mel
 
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What would be the best way to go about this with the seller, should I ask for a part refund and what do you think would be a reasonable amount considering the situation.

I bought the caravan last Saturday.
 
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What would be the best way to go about this with the seller, should I ask for a part refund and what do you think would be a reasonable amount considering the situation.

I bought the caravan last Saturday.
It does seem that person from whom you bought the caravan is a dealer and that the caravan was not theirs personally. You can confirm by checking the CRIS registration.
If they sold it as a dealer then under CRA 2015 they are totally responsible. In the first 30 days you can reject the caravan and get a full refund. After the 30 days and within 6 months of delivery date you need to give them ONE chance at a repair before requesting a replacement or repair.
It is a serious offence for someone who sells items as a an individual, but is actually a dealer i.e. they buy and sell caravans as they are committing a criminal offence. They should be reported to Trading Standards.
 
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Thank you for that I will check the CRIS registration tomorrow. I do think they owned the van for around six years, they seem pretty genuine.

I found this.

Private sales

Under the Act, a private seller is only obliged to provide goods “as described”. So as long as the description has not been misleading, you do not have the right to ask for your money back if you are unhappy with what you have bought or if there is a problem with the item.

I am assuming the above does not apply to this sale because the seller has done a service on the van and this problem should have been pointed out in the service, is that right I know nothing about caravan servicing this is the first van I have bought.

Even though me asking the guy was there any cracks in the roof and him saying no is that not just hearsay his word against mine?
 
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I agree with the opinions of the Prof and Buckman. This is a commercial contract and the CRA applies. A word of warning though as this seems to be a small concern and if he does not play ball then you have to look at whether he can and will pay if you pursue him in court. You are just within the small claims limit though unless you are in Scotland, so costs are not that high but still appreciable for that sum.
Possibly best to see how he reacts to your correspondence with him. I find it difficult to believe he did not know about the cracks though so I would be wary of him.
 
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Thank you for all the advice. I will do a CRIS check tomorrow and take it from there.

I would be prepared to take a £1200 refund, get it fixed and move on. It is going to be static on my property for visitors to stay so I will not be towing it, if I was going to tow it I would want a full refund because I am assuming towing it will make the cracks worse.
 
Jul 18, 2017
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Thank you for that I will check the CRIS registration tomorrow. I do think they owned the van for around six years, they seem pretty genuine.

I found this.

Private sales

Under the Act, a private seller is only obliged to provide goods “as described”. So as long as the description has not been misleading, you do not have the right to ask for your money back if you are unhappy with what you have bought or if there is a problem with the item.

I am assuming the above does not apply to this sale because the seller has done a service on the van and this problem should have been pointed out in the service, is that right I know nothing about caravan servicing this is the first van I have bought.

Even though me asking the guy was there any cracks in the roof and him saying no is that not just hearsay his word against mine?

Arthur Daly also seemed genuine. :D Did you take his word that he owned the caravan for 6 years? Many years ago we got caught the same way by a seller in Birmingham, but I was able to prove that the seller was a trader posing as an individual as found adverts for 12 other caravans he had sold in the past year. Traing Standards took action against him.
Check Approved Workshop Scheme to see if he is registered as an AWS technician and also the MCEA site. I would like to point that there is no obligation to belong to either scheme, but most reputable technicians are on either scheme.
Does he have a workshop that he works from or is it a home address with a sign written van?
 
Jul 17, 2021
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Arthur Daly also seemed genuine. :D Did you take his word that he owned the caravan for 6 years? Many years ago we got caught the same way by a seller in Birmingham, but I was able to prove that the seller was a trader posing as an individual as found adverts for 12 other caravans he had sold in the past year. Traing Standards took action against him.
Check Approved Workshop Scheme to see if he is registered as an AWS technician and also the MCEA site. I would like to point that there is no obligation to belong to either scheme, but most reputable technicians are on either scheme.
Does he have a workshop that he works from or is it a home address with a sign written van?
I bought it from his home, he did not have a van sign written, thanks for the links I will check them.

If I had have got the caravan independently serviced would these cracks have been mentioned in the service.
 
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I bought it from his home, he did not have a van sign written, thanks for the links I will check them.

If I had have got the caravan independently serviced would these cracks have been mentioned in the service.
More than likely as probably damp ingress. If you are servicing your own caravan to sell for a profit, would you mention on the service sheet about the cracks?
Also how do you know whether a proper service has been done even though he claims to be a service engineer? I wonder if the business is even registered.
Do a search on the sales platform that you used to buy the caravan to see if he has done previous sales recently and also do a search on his name for reviews?
 
Mar 14, 2005
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Thank you for that I will check the CRIS registration tomorrow. I do think they owned the van for around six years, they seem pretty genuine.

I found this.

Private sales

Under the Act, a private seller is only obliged to provide goods “as described”. So as long as the description has not been misleading, you do not have the right to ask for your money back if you are unhappy with what you have bought or if there is a problem with the item.

I am assuming the above does not apply to this sale because the seller has done a service on the van and this problem should have been pointed out in the service, is that right I know nothing about caravan servicing this is the first van I have bought.

Even though me asking the guy was there any cracks in the roof and him saying no is that not just hearsay his word against mine?
There are a lot of misconceptions about what a "service" should or should not pick up. It depend entirely on the schedule of work the service engineer is working to. So it simply is not possible for us to say whether this guy should have known about this problem or not. I would hope that in preparing a caravan for sale an honest owner would have done a fairly thorough inspection and probably been aware of the problem.

But let me reiterate, if this guy is "servicing" caravans, he is running a caravan related business and he is therefore in the eyes of the law a business not a private seller.

As for the cracks themselves, under the CRA (Dealer or Private seller) they are obliged to describe the goods accurately. You made a specific question about the condition of the roof, and that makes the matter an important part of the sellers description.

It is possible the seller didn't know about the cracks, but in that case he should have answered your question with "I don't know" rather than assuming all was well. On the other hand if he did know, then it was downright lie and he fraudulently misrepresented the condition of the goods.

I would assume if the seller had disclosed the cracks you wouldn't have bought the caravan, so the deal hinged on that point.

As for how or when teh cracks appeared, it is beyond reason to believe the extent of the cracking would have arisen in the last seven days since you bought the caravan. It is almost copper bottomed certain they were there at the point of sale, unless you have damaged the caravan, and thus the seller is entirely responsible for declaring them.

Just a note about Captain Tolley's creeping crack repair. I have used this product, but having done so I wold not use where the long term appearance is a consideration. It tends to go brown over time, and that would stand out like sore thumb.
 
Jul 17, 2021
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I would assume if the seller had disclosed the cracks you wouldn't have bought the caravan, so the deal hinged on that point.
No I would not have bought it. I assumed because he was servicing it and doing a damp report anything like this that came up I would be covered.

As for how or when teh cracks appeared, it is beyond reason to believe the extent of the cracking would have arisen in the last seven days since you bought the caravan. It is almost copper bottomed certain they were there at the point of sale, unless you have damaged the caravan, and thus the seller is entirely responsible for declaring them.
You can tell the cracks have been there a while he obviously new about them as you say I would assume they would be brought up in a damp report because it is a possible problem.

Just a note about Captain Tolley's creeping crack repair. I have used this product, but having done so I wold not use where the long term appearance is a consideration. It tends to go brown over time, and that would stand out like sore thumb.
What would be the best fix for it.
 
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