Elddis dont deserve praise!

[ProfJohnL]

There have been other complaints about a similar issue with ELDDIS which would suggest an inherent fault in the design or make up of the caravan. If this can be proved, then the OP stands a very good chance of winning in court.
Additional if the the OP took John's advice and did not bother with contacting the dealership, he will get nowhere. At least if the OP writes and follows suggestions, the dealer may come to a compromise. If you don't try, you will never know.

Surfer

I acknowledge there have been multiple reports of similar issues. These reports go back to 2009 and yet despite the passage of time no one seems to had any success in obtaining any redress from either dealers or Elddis. That must tell you something - Most likely lack of conclusive evidence of a design fault. These were on caravans that were younger than Mr Bartons. So individual claims are not succeeding, so a claim on a van that is much older has far less chance of success.

If and its a big IF, enough sustainable evidence can be be found to point to a design flaw, then perhaps a class action could be brought, but it will be a very expensive and drawn out affair. Engineers and legal fees will probably run into tens if not hundreds of thousand of pounds, with no guarantee of success.

Although in principle Mr Barton may have justifiable claim against his seller, it's far from certain, and the evidence so far suggests that those with probably better claims have failed.

I fully support end users using SoGA to get fair treatment, but I
think its important to be realistic about likely outcomes, and thus not advise actions that in all probability going to fail.

Surfer
If Mr Barton wishes to try the SoGA approach then that's fine. But as the caravan was probably more than the small claims court limit then he should seek professional advice before initiating any action.

 

[Dustydog]

The good news is we all have a consensus ad idem in so far as we wish to help fellow caravanners get justice.

The following threads imo give further credence to an unlying problem, inherent latent defect with some Elddis caravans. I suspect Pbarton's unit is suffering similarly from what we have been told.
http://www.caravantalk.co.uk/community/topic/47523-2011-buccaneer-caravel-wall-crease/
It seems the manufacturer has taken the caravans back and remedied the problem.

Let's hope Elddis can help Pbarton and others whose caravans suffer from this dreaded inherent latent defect.

 

[ProfJohnL]

Dusty

This is a prime example of how the internet can be misleading. It may be a matter of fact the Elddis may have repaired or replaced some caravans. The fact is we don't know the details, we don't know for example Elddis's reasons for their actions, and we don't know if the reasons are the same as in PBarton's case. Its assumed that all these reports are related, but until they are all inspected by competent engineers we don't know for sure.

I do agree its does seem likely they are related, but proving it is whats missing.

OK so what can owners do. Individually not very much it seems, but they may have more clout collectively.
I suggest if aggrieved owners were to organise into a cohesive action group. The group should seek professional advice regarding reopening customers claims against sellers.

Your professional advisers might like to explore the possibility that all the customers who corresponded on Caravan Talk, and here on PC Forum and others did try to make a claim under SoGA, in which case I suggest that by rejecting the outcome of original claim and by re-initiating the original complaints on the basis that new evidence has come to light. Hopefully this should halt the SoGA clock at the date of the original complaint. The new evidence is the number of similar complaints that must cast doubt upon the sellers reliance on the suggestion that reported damage is the result of misuse, but now more likely an inherent weakness in the structure of the caravans which is a SoGA fit for purpose and design fault non compliances.

Now your professional advisers might like to explore the possibility that the negative outcomes of original claims were also null and void as the proper course of the customers claim against the the seller was improperly influenced by a party (the manufacturer)who has a commercial interest in preventing claims from being awarded, even though they have no contractual obligation or liability in the customers contract of sale with the seller.

Thirdly the group may wish to consider beginning a class action against the manufacturer for failure to design a sufficiently durable product.

I'm not holding my breath!

 

[Surfer]

Geez not like you to be so negative! Have you run out of wine?

 

[ProfJohnL]

Geez not like you to be so negative! Have you run out of wine?

Yes actually, a crate or two of wine would be very welcome..... but seriously I have seen nothing in any of the posts that gives me any confidence that PBarton has any realistic chance of redress from his dealer or the manufacture from solo efforts. So a change in tack is in my opinion the only way he might get any positive movement. but it simply is not guaranteed....