Damp issues

[IanB1485]

Photos of an Elddis a friend did not that long ago. It's time consuming but straightforward if you take a methodical/unhurried approach.

Thats so familiar on an Elddis Xplore,The leak is the RH awning rail/roof/front panel joint , where the sealant has failed (or been badly applied). it runs all the way down the inside of the outer skin to the front window, as well as showing in the top of the cupboards.

 

[GaryB]

Thats so familiar on an Elddis Xplore,The leak is the RH awning rail/roof/front panel joint , where the sealant has failed (or been badly applied). it runs all the way down the inside of the outer skin to the front window, as well as showing in the top of the cupboards.

He first noticed bubbles (corrosion) in the outer aluminium skin next to the awning rail about half way down. I DID warn him that was only the start of it!

 

[Daiboy101]

Looking at the OPs pictures, the rot isn't as bad as the ones I did ( plywood came apart in my hands and on a later one , fungus growing inward completely rotted the soft frame pieces (see red circle on photo). The downfall of the design is that the window seal only comes with mastic applied to the outer edge (see marked up photo) and when applied this has to be carefully attached to maintain the seal all the way round and because the water comes over the top of the seal ( as the window is closed the 'bulb' on the seal can be deformed allowing water in) it then runs down the inside of the seal and wets the front shelf and then soaks upward through the wallboard. Given what the others have said I would straight back onto the dealers with a letter and photos and ask for your money back or suggest you may go to 'rip off britain' about the appalling state of the caravan (About time they did an article of

Spot on and hope they take your advice!

Hi again , I've sent the dealer a letter drafted from Which's legal team and the dealer has ignored it . Phoned him earlier and he said I'm getting nothing out of him . Next thing is to send a letter before action stating I'll give him 2 weeks to sort out the damp damage ( which is worse than I expected ) and then I'll take him to court . Does make me a bit nervous at this point but looks like it's got to be done .

 

[otherclive]

Hi again , I've sent the dealer a letter drafted from Which's legal team and the dealer has ignored it . Phoned him earlier and he said I'm getting nothing out of him . Next thing is to send a letter before action stating I'll give him 2 weeks to sort out the damp damage ( which is worse than I expected ) and then I'll take him to court . Does make me a bit nervous at this point but looks like it's got to be done .

Yes it’s not a comfortable experience and dealers rely on the customer backing off. Follow the Which advice don’t go what a friend of mine did. He arranged his own repairs after the dealers second attempt failed. Cost him £10k but took him outside of CRA 2015 process. He then couldn’t face up to normal Small Claim Court litigation. The dealer offered a token payment without admission of liability. Thanks for the feedback too.

 

[Daiboy101]

Yes it’s not a comfortable experience and dealers rely on the customer backing off. Follow the Which advice don’t go what a friend of mine did. He arranged his own repairs after the dealers second attempt failed. Cost him £10k but took him outside of CRA 2015 process. He then couldn’t face up to normal Small Claim Court litigation. The dealer offered a token payment without admission of liability. Thanks for the feedback too.

Thanks for that advice , yes I'll stick to the process set out by the which team no matter how long it's drawn out for . I have a feeling this dealer has done this many a time so someone needs to stand up to him

 

[Buckman]

Hopefully you have proof that the letter was sent? Under no circumstances phone the dealer again as you will have no proof of what was said. Keep everything in writing.

 

[Daiboy101]

Hopefully you have proof that the letter was sent? Under no circumstances phone the dealer again as you will have no proof of what was said. Keep everything in writing.

Hopefully you have proof that the letter was sent? Under no circumstances phone the dealer again as you will have no proof of what was said. Keep everything in writing.

My apologies, first was an email so that's documented . Then a phone call which was amicable on my behalf where he basically told me to do one . The next will be a letter before action , possibly this time drafted by a solicitor. I want the wording to be spot on this time and let him know I mean it . Either way with the next one will be tracked and signed for from the royal mail at the very least if I'm sending it

 

[Buckman]

My apologies, first was an email so that's documented . Then a phone call which was amicable on my behalf where he basically told me to do one . The next will be a letter before action , possibly this time drafted by a solicitor. I want the wording to be spot on this time and let him know I mean it . Either way with the next one will be tracked and signed for from the royal mail at the very least if I'm sending it

If you follow the advice from Which Legal Services you do not need a solicitor as the law or legislation is on your side. The wording from WLS is spot on and exactly the same for what an expensive solicitor will charge you. We took on caravan dealerships twice and won on both occasions. If a dealership refuses to comply, it is a criminal offence!

 

[otherclive]

If you follow the advice from Which Legal Services you do not need a solicitor as the law or legislation is on your side. The wording from WLS is spot on and exactly the same for what an expensive solicitor will charge you. We took on caravan dealerships twice and won on both occasions. If a dealership refuses to comply, it is a criminal offence!

I thought that litigation under CRA2015? is a civil law offence. But fully agree that Op should use WLS rather than solicitor. They are undoubtedly experts in this area.

 

[Dustydog]

I thought that litigation under CRA2015? is a civil law offence. But fully agree that Op should use WLS rather than solicitor. They are undoubtedly experts in this area.

Not so Clive.

In essence any breach of a U.K. Statute Law becomes a criminal offence.

Breaching the Consumer Rights Act (CRA) 2015 can lead to criminal prosecution, according to Legislation.gov.uk. While other enforcement actions like corrective statements or undertakings are possible, criminal prosecution is the main formal sanction. For example, failing to comply with a court order can result in an unlimited fine and two years imprisonment.

 

[otherclive]

Not so Clive.

In essence any breach of a U.K. Statute Law becomes a criminal offence.

Breaching the Consumer Rights Act (CRA) 2015 can lead to criminal prosecution, according to Legislation.gov.uk. While other enforcement actions like corrective statements or undertakings are possible, criminal prosecution is the main formal sanction. For example, failing to comply with a court order can result in an unlimited fine and two years imprisonment.

Realise that failure to comply with a court order can lead to criminal charges as one of my SILs was faced with possible imprisonment for failure to pay maintenance orders. But take your word on the link, far too small text for my devices. 😂

 

[Daiboy101]

If you follow the advice from Which Legal Services you do not need a solicitor as the law or legislation is on your side. The wording from WLS is spot on and exactly the same for what an expensive solicitor will charge you. We took on caravan dealerships twice and won on both occasions. If a dealership refuses to comply, it is a criminal offence!

Ok I'll stick with the WLS draft , one small dilemma I've got is that I paid £12500 for the caravan but the cost of repair is probably going to run into 3 to 4 thousand pounds to repair ( will be getting an official estimate for work on Saturday ) and the small claims court have a cap at £10000 . Do the courts allow me to keep it within the small claims because I'm asking for the repair to be done or will I be pushed outside of the small claims because he could end up refunding me the £12500 . Outside of the small claims could get expensive due to then needing a solicitor

 

[Buckman]

Ok I'll stick with the WLS draft , one small dilemma I've got is that I paid £12500 for the caravan but the cost of repair is probably going to run into 3 to 4 thousand pounds to repair ( will be getting an official estimate for work on Saturday ) and the small claims court have a cap at £10000 . Do the courts allow me to keep it within the small claims because I'm asking for the repair to be done or will I be pushed outside of the small claims because he could end up refunding me the £12500 . Outside of the small claims could get expensive due to then needing a solicitor

You are claiming for the repair which is under £10000. It is highly unlikely it will get near a small claims court once the dealer gets the summons.

 

[Dustydog]

Daiboy ,
Do you have any Legal Expenses Cover on your household or caravan Insurance policies?
They may give you legal access to a solicitor if you find the Which? approach too hard.

That said CRA 2015 was designed to make matters easier for the customer. I’d continue as Buckman has suggested.Good luck

 

[Daiboy101]

You are claiming for the repair which is under £10000. It is highly unlikely it will get near a small claims court once the dealer gets the summons.

Thanks , I'll let you know how it goes