Damp/Warranty Problem

[Janice_5065473]

We took out extended Warranty on our Eddis Aurora Crusader and it it currently at the Service/Repairers for some work under the warranty. One of the problems was damp in the Bathroom area, we have now been advised that they have re-sealed the roof but will not be replacing the affected panel. I intend to contact the Warranty Compnay on Monday to clarify this but wondered what your thoughts were on this?

Jan

 

[ProfJohnL]

Hello Janice,

You would need to check the small print of your extended insurance policy as to the level of reinstatement it supports.

However, if the panel in question, is structurally permanently damaged, or is cosmetically damaged, and it is a direct result of the water ingress from a warranted failure, then I think it would be reasonable to expect a replacement.

If however the panel is not structurally or cosmetically permanently damaged, or the damage is attributable to other none warrantable causes, then the extended warranty (Insurance Policy) may exclude automatic replacement.

You indicate that the problem is being dealt with under the extended warranty, so there is some age to the caravan, so some normal wear and tear would be expected, and that will affect the level of finish required for reinstatement.

 

[Janice_5065473]

Hello Janice,

You would need to check the small print of your extended insurance policy as to the level of reinstatement it supports.

However, if the panel in question, is structurally permanently damaged, or is cosmetically damaged, and it is a direct result of the water ingress from a warranted failure, then I think it would be reasonable to expect a replacement.

If however the panel is not structurally or cosmetically permanently damaged, or the damage is attributable to other none warrantable causes, then the extended warranty (Insurance Policy) may exclude automatic replacement.

You indicate that the problem is being dealt with under the extended warranty, so there is some age to the caravan, so some normal wear and tear would be expected, and that will affect the level of finish required for reinstatement.

Hi John,

What worries me is the fact that it has left a grey discolouration, which would be noticed by any prospective buyers or as a Trade in. It would obviously affect the price, also I want to be sure that all the damp has been removed. We took out the extended warranty mainly to cover this problem, as we lost a lot of money on our old Caravan as Trade in because of this exact problem! My Caravan is a late 2003 Elddis Crusader Aurora.

Regards Jan

 

[ProfJohnL]

ello again Janice,

I can understand your concerns.

The answer to your question almost certainly lies in the terms and conditions of your extended warranty.

However, if you believe that the marks are a direct result of the failure of the caravan to remain weather proof, then you might have some redress through your statutory rights under the sale of goods acts.

The act requires that the seller (not the maker) must supply goods to you that are fit for purpose and free from defects. There is no fixed time limit for these conditions to become apparent, but where such cases go to court, the courts do take account of age and normal wear and tear when making judgments.

In essence, judgments when made will not empower a customer to expect a reinstatement to a condition that would be better than the condition that a product of that age and usage would normally be.

I am not a legal expert, and if you wish to consider this course of action I suggest you seek professional advice. Trading Standards, or the CAB can offer advice in these situations.

 

[Janice_5065473]

ello again Janice,

I can understand your concerns.

The answer to your question almost certainly lies in the terms and conditions of your extended warranty.

However, if you believe that the marks are a direct result of the failure of the caravan to remain weather proof, then you might have some redress through your statutory rights under the sale of goods acts.

The act requires that the seller (not the maker) must supply goods to you that are fit for purpose and free from defects. There is no fixed time limit for these conditions to become apparent, but where such cases go to court, the courts do take account of age and normal wear and tear when making judgments.

In essence, judgments when made will not empower a customer to expect a reinstatement to a condition that would be better than the condition that a product of that age and usage would normally be.

I am not a legal expert, and if you wish to consider this course of action I suggest you seek professional advice. Trading Standards, or the CAB can offer advice in these situations.

John,

I phoned the Insurers direct today and they have advised that they sent out an Engineer to check the caravan and that the area concerned was no longer showing signs of damp! but that the Caravan Repairer has suggested that the Caravan is checked again in October (one Month before Warranty expires). They say that although there is a small discolouration, the wallboard is not wet and does not need to be replaced. The Caravan Repairers state that as long as there is no further damp, the slight discolouration should not affect any re-sale valuation. I am not holding my breath - I have been down this road before!!!

Jan

 

[ProfJohnL]

Hello Janice,

Of course the insurers will not be keen to replace the wall board, because it eats into their profits.

Now I suggest that you approach an independent caravan valuer, and ask them to give you a professional written estimate the value of the van as repaired with the discolouration visible, and again as if the wall board had been replaced.

If there is a significant difference in the written valuations, then you may have a claim as the caravan has not been repaired to a condition as if the fault had not occurred. You would therefore have suffered a loss in value as a direct result of the fault and through subsequent inadequate repairs.

As I wrote previously you should consult with Trading Standards or the CAB/solicitor for professional advice on your best course of action.

As a footnote, ask your solicitor if the insurance company is actually defrauding you by not completing the repair to a condition as if the fault had not occured?