Damp Caravan

[Buckman]

Unfortunately while I was reading the CRA
I also found the section below, so now I know why he's insisting my caravan inspection tore/cut the vinyl under the locker tray...

(18)There is no entitlement to receive a refund—

(a)if none of subsections (10) to (12) applies,

(b)to the extent that anything to which subsection (12) applies cannot be given back in its original state

From...

Consumer Rights Act 2015

www.legislation.gov.uk

Why not contact Which Legal Services tomorrow for clarification. Prior to contacting them draw up a list in chronological order starting with how the caravan was purchased over the phone and S75 used. Then list the issues. Try and keep it brief otherwise too much random information can confuse anyone
Remember that to evaluate the damage due to the bathroom floor being sunken you needed to remove the carpet etc.

 

[DayDreamer]

Is Which or Citizens Advice best?

Ha, ha ...you've noticed my propensity to include the kitchen sink 🤣

 

[otherclive]

Is Which or Citizens Advice best?

Ha, ha ...you've noticed my propensity to include the kitchen sink 🤣

Which have a fully fledged legal team specialising in consumer matters. I think the initial consultation is free but for ongoing support and advise you pay an annual fee which is around £90. They have helped others on the Forum.

 

[Buckman]

Which have a fully fledged legal team specialising in consumer matters. I think the initial consultation is free but for ongoing support and advise you pay an annual fee which is around £90. They have helped others on the Forum.

OC is correct and WLS have saved us several thousand. They are worth every penny for the excellent advice.

 

[DayDreamer]

Unfortunately while I was reading the CRA
I also found the section below, so now I know why he's insisting my caravan inspection tore/cut the vinyl under the locker tray...

(18)There is no entitlement to receive a refund—

(a)if none of subsections (10) to (12) applies,

(b)to the extent that anything to which subsection (12) applies cannot be given back in its original state

From...

Consumer Rights Act 2015

www.legislation.gov.uk

I took that out of context it does not refer to the state of the caravan at all, I should have read section 12, which says

To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

 

[ProfJohnL]

If you paid money for the whole sum you should receive money for the refund. The situation is not so clear cut if you used goods as a part exchange, which I don't think you have mentioned.

I believe most of the advice you have presently received is good and lawful, but I feel you are now beginning to explore issues for which you should be seeking fully professional advice rather than risking the advice from anonymous forum members.

You need to have confidence in your advisers, and that's where the like of the Which? services can beat us hands down.

 

[DayDreamer]

If you paid money for the whole sum you should receive money for the refund. The situation is not so clear cut if you used goods as a part exchange, which I don't think you have mentioned.

I believe most of the advice you have presently received is good and lawful, but I feel you are now beginning to explore issues for which you should be seeking fully professional advice rather than risking the advice from anonymous forum members.

You need to have confidence in your advisers, and that's where the like of the Which? services can beat us hands down.

Yes, I found the accompanying explanatory notes, which made sense of 12, which is as you say.

I've really enjoyed the debate/advice here, but I guess we have reached an end of what can be achieved in a forum. So onwards to Which I go Thanks again everyone I'll keep you posted on any outcomes.

 

[otherclive]

Yes, I found the accompanying explanatory notes, which made sense of 12, which is as you say.

I've really enjoyed the debate/advice here, but I guess we have reached an end of what can be achieved in a forum. So onwards to Which I go Thanks again everyone I'll keep you posted on any outcomes.

Good luck and hopefully a successful outcome.

 

[Raywood]

Good luck.

 

[DayDreamer]

Hi everyone,

Today I have a full refund back in my bank account, no deductions for delivery, no deductions for damages!

Yesterday I told the dealer I had opened a section 75 claim (which I actually did last week). visa also rang me, they said re the damages... we've heard it all before, our legal team are excellent and won't be allowing him to create excuses. Perhaps they also rang him!

Yesterday I also became a Which member and today had a consultation, he was also very helpful and told me to formally invite the dealer to collect the caravan stating if it was not a full refund, I reserve the right to claim the difference at a later date. The solicitor also advised I didn't allow it to be taken without payment.

I then via messenger told the dealer I would be sending him by email, an invitation to collect as advised by my solicitor.

I don't know what did the trick, probably the double whammy of visa and solicitor but...
Three and a half hours later the money was in my bank and the caravan was gone!

Thank you everyone on this thread for all your support and useful information during this fractious time, you're so appreciated.

The caravan specialist was brilliant too, kept telling me the dealer was trying it on and to keep fighting. If it wasn't for his inspection I'd be sitting with a rotting caravan on my drive!

 

[DayDreamer]

Why not contact Which Legal Services tomorrow for clarification. Prior to contacting them draw up a list in chronological order starting with how the caravan was purchased over the phone and S75 used. Then list the issues. Try and keep it brief otherwise too much random information can confuse anyone
Remember that to evaluate the damage due to the bathroom floor being sunken you needed to remove the carpet etc.

Thanks for that tip, I think it did the trick...see my update at the end of this thread

 

[ProfJohnL]

Hi everyone,

Today I have a full refund back in my bank account, no deductions for delivery, no deductions for damages!

Yesterday I told the dealer I had opened a section 75 claim (which I actually did last week). visa also rang me, they said re the damages... we've heard it all before, our legal team are excellent and won't be allowing him to create excuses. Perhaps they also rang him!

Yesterday I also became a Which member and today had a consultation, he was also very helpful and told me to formally invite the dealer to collect the caravan stating if it was not a full refund, I reserve the right to claim the difference at a later date. The solicitor also advised I didn't allow it to be taken without payment.

I then via messenger told the dealer I would be sending him by email, an invitation to collect as advised by my solicitor.

I don't know what did the trick, probably the double whammy of visa and solicitor but...
Three and a half hours later the money was in my bank and the caravan was gone!

Thank you everyone on this thread for all your support and useful information during this fractious time, you're so appreciated.

The caravan specialist was brilliant too, kept telling me the dealer was trying it on and to keep fighting. If it wasn't for his inspection I'd be sitting with a rotting caravan on my drive!

Well done, and I have to say I consider you to have been very lucky with the speed and outcome.

Next time (and I hope there will be one for you) Don't buy until you or your caravan engineer has checked it out to your complete satisfaction.

 

[Buckman]

Thanks for that tip, I think it did the trick...see my update at the end of this thread

I am pleased for you. Before going ahead with another purchase it may be wise to ask us first and get a technician to inspect the caravan first.

 

[Dustydog]

Thank goodness a great result. I was concerned the “Dealer” was a pop up Charlaton!
In future I suggest every would be purchaser checks the Financial stability of the dealer via Beta Companies House. Free on line.
Never buy without seeing the dealer and caravan, and have it checked first before parting with payment.
ok so easy to be wise after the event but Day Dreamer will not be the last!😥
Excellent advice as usual all,round on PCv 👏👏👏👏

 

[otherclive]

That’s a great outcome well done. Did you even get the dealer to change his holiday plans too👍

 

[WayneS]

Excellent news! Well done and thank you for letting the forum know of your result!

 

[Raywood]

Congratulations on a very good outcome. Hope the dealer does sort it rather than trying to dupe another customer.

 

[audiorob]

I 'm sure you are greatly relieved to have your money refunded after a stressful few days. Don't be put off after this experience - there are good vans out there - for example we know a couple of long-term forum posters have recently ceased caravanning and sold their vans - or maybe try a more local established dealer forecourt or website to keep an eye out for the sort of van you require. Good luck!

 

[Hutch]

Just wondering if the forum will let you name where you found the caravan , ie Ebay, auto trader, etc. And in which area of the country. Maybe down to a post code. , Damian, Parksy and Sam. ?

 

[otherclive]

Just wondering if the forum will let you name where you found the caravan , ie Ebay, auto trader, etc. And in which area of the country. Maybe down to a post code. , Damian, Parksy and Sam. ?

It doesn’t really contribute anything, the main point coming out of the OP’s experience is not to buy online without actually seeing the item, other than possibly reputable car outlets such as main dealer approved, or Cinch, Cazoo etc.

 

[Hutch]

It doesn’t really contribute anything, the main point coming out of the OP’s experience is not to buy online without actually seeing the item, other than possibly reputable car outlets such as main dealer approved, or Cinch, Cazoo etc.

I was trying to make a point about noting a dealer in an area, without naming them.

 

[Sam Vimes]

Just wondering if the forum will let you name where you found the caravan , ie Ebay, auto trader, etc. And in which area of the country. Maybe down to a post code. , Damian, Parksy and Sam. ?

It would serve no purpose.

 

[Hutch]

It would serve no purpose.

Sam, I think it would we would know who the dealer is, and would not break the forum rules. I want to know who this toad is.

 

[RogerL]

Sam, I think it would we would know who the dealer is, and would not break the forum rules. I want to know who this toad is.

I don't see there's any way to identify a dealer without naming them - if they can be identified then forum rules are broken.

Just PM the original poster and ask the question off-line.

 

[Sam Vimes]

Naming and shaming is not permitted.