We bought a 2007 Sterling Eccles in July 2012 from a motorhome dealer in Staffordshire who said they had serviced it. We then had caravan serviced in July 2013 at local caravan centre who ticked the box to say they had done a damp test and we were not advised of any issues. We traded the caravan in last week at a dealer in South Cave who found a large damp issue. Due to the extent they advised it must have been there for over 2 years. We were also advised the local caravan centre was not an approved repair centre. As a result the value was reduced by £1500. Does anybody know if we have any comeback with either selling company or service centre. We have a contact from the dealer who took the caravan in who will verify the damp had been there for over two years.
Damp In caravan not picked up in service
- Thread starter morrms
- Start date
Hello Morrms,
Welcome to the forum. I would love to be able to tell you that you have a rock bottomed case against the seller, or the local caravan centre but sadly I don't think you do.
I smell a dealer who is trying to get a better deal from you. Bear in mind the dealer you are trying to sell the caravan too will be looking for reasons to reduce any PX payment, so they maybe "Tony Blairing" the problem up to make you think the van is worth less than it really is.
Your caravan is out of the manufacturers warranty period, so the status of the local dealer you used is a total red herring, as there is no legal requirement for service work to be carried out by franchised dealers.
Even if there is damp present in the caravan, I seriously doubt whether you or your current dealer could conclusively prove when the problem became big enough to warrant being noted as a failure during service or when you purchased it.
If you had irrefutable proof the problem must have been present when you had the caravan serviced you may have some comeback against the local service center,
Further if you have proof the problem must have been present when you purchased the caravan, then you would need to very carefully review what you were told about the caravans condition, and did you specifically ask about damp issues and exactly what did the dealer tell you.
Selling dealers are not obliged to volunteer any information about a product they sell, it is up to the customer to ask all the relevant questions before the agree to purchase. However most dealers do offer some information, which has to be accurate. Dealers are also obliged to answer all questions as honestly as they can. So if you can prove this did not occur then you may have a case
You could call the dealer bluff, and threaten to cancel the purchase of the new caravan. The threat of loss of a sale can make a dealer become very friendly and magically produce a better PX offer.
Frankly I don't hold out any great hope though.
Welcome to the forum. I would love to be able to tell you that you have a rock bottomed case against the seller, or the local caravan centre but sadly I don't think you do.
I smell a dealer who is trying to get a better deal from you. Bear in mind the dealer you are trying to sell the caravan too will be looking for reasons to reduce any PX payment, so they maybe "Tony Blairing" the problem up to make you think the van is worth less than it really is.
Your caravan is out of the manufacturers warranty period, so the status of the local dealer you used is a total red herring, as there is no legal requirement for service work to be carried out by franchised dealers.
Even if there is damp present in the caravan, I seriously doubt whether you or your current dealer could conclusively prove when the problem became big enough to warrant being noted as a failure during service or when you purchased it.
If you had irrefutable proof the problem must have been present when you had the caravan serviced you may have some comeback against the local service center,
Further if you have proof the problem must have been present when you purchased the caravan, then you would need to very carefully review what you were told about the caravans condition, and did you specifically ask about damp issues and exactly what did the dealer tell you.
Selling dealers are not obliged to volunteer any information about a product they sell, it is up to the customer to ask all the relevant questions before the agree to purchase. However most dealers do offer some information, which has to be accurate. Dealers are also obliged to answer all questions as honestly as they can. So if you can prove this did not occur then you may have a case
You could call the dealer bluff, and threaten to cancel the purchase of the new caravan. The threat of loss of a sale can make a dealer become very friendly and magically produce a better PX offer.
Frankly I don't hold out any great hope though.
Mel
Moderator
Before accepting the £1500 drop in PX tell the dealer that you are going to get an independent view from a mobile registered caravan technician. It will cost you a lot less than the £1500 being suggested. I am with the prof; dealers finding "damp" to lower th px are not necessarily to be trusted.
Mel
Mel
I am very sorry to say you will not win any recompense from anyone.
In addition to the Prof's word's of wisdom I doubt very much indeed you have adequate evidence to demonstrate an inherent latent defect existed at the time of your purchase. I recently saw the end of a case with the Financial ombudsman Service. They rejected the claim saying there was inadequate evidence to support an inherent latent defect.
Sorry but I think you are stuck with this problem.
In addition to the Prof's word's of wisdom I doubt very much indeed you have adequate evidence to demonstrate an inherent latent defect existed at the time of your purchase. I recently saw the end of a case with the Financial ombudsman Service. They rejected the claim saying there was inadequate evidence to support an inherent latent defect.
Sorry but I think you are stuck with this problem.
Just a further suggestion, If your latest dealer is so certain the problem would have been present at the last service, as then if they are prepared to be an expert witness in your claim against the service agent. I'll bet they decline the suggestion, Read into that what you will, but it should raise alarm bells.
Frankly having read you reports If I were you I would really be contemplating withdrawing from the deal.
Frankly having read you reports If I were you I would really be contemplating withdrawing from the deal.
for less than a tenner you could buy your own damp meter & double check the dealers findings
& I would also be getting other independent quotes for the repairs if indeed they are needed
& I would never buy private or from a dealer without getting an INDEPENDANT pre buying check
& I would also be getting other independent quotes for the repairs if indeed they are needed
& I would never buy private or from a dealer without getting an INDEPENDANT pre buying check
hi morrms,
I find a couple of disturbing issues with the details of your post, and agree with the Prof, sounds like the buying dealer is trying to sting you on the deal , by changing the "rules of engagement" personally I would withdraw from the deal and get an independant damp report done.
you don,t say wether the van you are buying is new or used I suspect new in which case shopping around could result in a better deal elsewhere, if on the other hand you are buying a newer van but still used, I would hold the deal, untill such times that an approved tech, could test the new van with a fine toothed comb to see if there is any defects that could give you cause to reduce the price offered afterall what's good for the goose ect, while using the time to have one done on your van to establish the if there is a damp problem at all, either way I would not be taking a hit lying down.
the other point I find odd is that the seller of your old van and the service agent who did your last service did not supply you with a damp report, ticking a box on the service sheet is not good enough there should also be a damp report showing the areas they tested and the reading they found, in this way you can see if there is a change in the damp readings over time and set off the alarm bells early if damp is found.
please let us know what happens either way as while in this event it may be a no winner it would alert other users to be prepared given similar circumstances.
I find a couple of disturbing issues with the details of your post, and agree with the Prof, sounds like the buying dealer is trying to sting you on the deal , by changing the "rules of engagement" personally I would withdraw from the deal and get an independant damp report done.
you don,t say wether the van you are buying is new or used I suspect new in which case shopping around could result in a better deal elsewhere, if on the other hand you are buying a newer van but still used, I would hold the deal, untill such times that an approved tech, could test the new van with a fine toothed comb to see if there is any defects that could give you cause to reduce the price offered afterall what's good for the goose ect, while using the time to have one done on your van to establish the if there is a damp problem at all, either way I would not be taking a hit lying down.
the other point I find odd is that the seller of your old van and the service agent who did your last service did not supply you with a damp report, ticking a box on the service sheet is not good enough there should also be a damp report showing the areas they tested and the reading they found, in this way you can see if there is a change in the damp readings over time and set off the alarm bells early if damp is found.
please let us know what happens either way as while in this event it may be a no winner it would alert other users to be prepared given similar circumstances.
I do think you have a problem with proof of when the damp arose. If you could show that it was there when you bought the caravan then you would have a claim under The Sale of Goods Act as the caravan was not of merchantable quality but getting proof after two years is a problem. If you could show that the people who serviced this missed it then the best you could get is the additional cost of repair caused by another year of water damage. Basically if the repair would have cost £500 last year and is now £1,500 you are looking at £1,000. I would agree I would get an NCC approved workshop to test it for damp (details on their website) and firstly see if there is any and secondly how bad it is. If they can give you a report suggesting how long it has been there all well and good but I suspect that they would have difficulty in being so sure.
Not sure where the damp is but some rogue dealers will find it in the shower when it is in fact nothing more than condensation. I have also found damp readings round the windows when again it was condensation. If you are trading in and the dealer has not looked at it before you bring it in it is better to get an independent test to check this and you have evidence to show the dealer when you arrive.
Not sure where the damp is but some rogue dealers will find it in the shower when it is in fact nothing more than condensation. I have also found damp readings round the windows when again it was condensation. If you are trading in and the dealer has not looked at it before you bring it in it is better to get an independent test to check this and you have evidence to show the dealer when you arrive.
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