Elddis Major Damp

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Sam Vimes

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We have a Elddis Xplore 304 2020. At the first service damp was detected around the front window, with readings as high as 40%. There was noticable staining in the affected area.

The problem was due to the window hinge fitting which I was told was a common problem.

This was fixed under warranty without any issue.

This year we've just had our second service and no major damp problems. Just one area around the offside front awning rail showed 22% which they fixed straight away with more sealant.

The guidance notes from the AWS Damp Report state the following:-

0 - 15% - No cause for concern

15-20% - May require further investigation. Compare with average readings and consider a recheck of the area in three months.

20 - 25% - WIll identify areas possbily needing remedial work. There may be signs of water ingress or evidence of moisture. Compare with average readings and consider a recheck of the area in three months.

25-30% - Indicates that moisture ingress is occuring and remedial action is necessary

Greater than 30% - Indicates that structural damage is probable and deterioration inevitable. Remidal action is necessary.

For what its worth - we buy kiln dried hardwood for the fire and 18% is considered to be the acceptable level.
 
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We have a Elddis Xplore 304 2020. At the first service damp was detected around the front window, with readings as high as 40%. There was noticable staining in the affected area.

The problem was due to the window hinge fitting which I was told was a common problem.

This was fixed under warranty without any issue.

This year we've just had our second service and no major damp problems. Just one area around the offside front awning rail showed 22% which they fixed straight away with more sealant.

The guidance notes from the AWS Damp Report state the following:-

0 - 15% - No cause for concern

15-20% - May require further investigation. Compare with average readings and consider a recheck of the area in three months.

20 - 25% - WIll identify areas possbily needing remedial work. There may be signs of water ingress or evidence of moisture. Compare with average readings and consider a recheck of the area in three months.

25-30% - Indicates that moisture ingress is occuring and remedial action is necessary

Greater than 30% - Indicates that structural damage is probable and deterioration inevitable. Remidal action is necessary.

For what its worth - we buy kiln dried hardwood for the fire and 18% is considered to be the acceptable level.
Enjoying your van is important and glad to see the annual service is proving helpful and you can continue your adventures wherever they take you.
 
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Enjoying your van is important and glad to see the annual service is proving helpful and you can continue your adventures wherever they take you.


I am so glad some people are enjoying their caravan - if only we were......................instead we are suffering a bit of an ongoing nightmare at the Dealer's/Eldddis' hands........

Our caravan's sorry tale is as follows:
1) The front and back panels cracked on our xplore 304 (the caravan was bought new just before-CRA 2015) - i.e. stress cracks in the usual spots (all four top corners). We also had damp around the front window.

2) In the workshop in Dec 2018 , the dealer corrected the damp round the window,, but failed to address the underlying issues with the frame meaning that the end panel cracking that we have now is the most extensive that our independent caravan expert has ever seen!

3) One could be forgiven in assuming that the dealer and elddis would be falling over themselves to help us at this point especially as we've (i) complied with the warranty conditions throughout so the 10 year period applies and (ii) we are exceptionally careful (light) users of the caravan.

But No..................
for some reason the dealer is simply ignoring the fact that it is his responsibility to sort the mess. He pretends that if Elddis refuse any warranty work, then he doesn't need to do anything further....... hello! what about the failure to adequately rectify the issue in Dec 2018 which was (& still is) his contractual duty to do so ....................this is a clear breach is it not?

All along the dealer has tried to infer that the only protection we have is through the warranty (and Elddis' interpretation of it at that!) - which is not the truth at all. The statutory protections from the SGA/CRA2015 and in contract are much stronger for the consumer..

I would hate for others to be fobbed off with incorrect information as to their legal rights ( as our dealer is attempting to do).

All this underscores just how important blogs like this are in helping caravanners understand their rights for themselves, and not necessarily listen to anything that dealers may be claiming.
 
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I am so glad some people are enjoying their caravan - if only we were......................instead we are suffering a bit of an ongoing nightmare at the Dealer's/Eldddis' hands........

Our caravan's sorry tale is as follows:
1) The front and back panels cracked on our xplore 304 (the caravan was bought new just before-CRA 2015) - i.e. stress cracks in the usual spots (all four top corners). We also had damp around the front window.

2) In the workshop in Dec 2018 , the dealer corrected the damp round the window,, but failed to address the underlying issues with the frame meaning that the end panel cracking that we have now is the most extensive that our independent caravan expert has ever seen!

3) One could be forgiven in assuming that the dealer and elddis would be falling over themselves to help us at this point especially as we've (i) complied with the warranty conditions throughout so the 10 year period applies and (ii) we are exceptionally careful (light) users of the caravan.

But No..................
for some reason the dealer is simply ignoring the fact that it is his responsibility to sort the mess. He pretends that if Elddis refuse any warranty work, then he doesn't need to do anything further....... hello! what about the failure to adequately rectify the issue in Dec 2018 which was (& still is) his contractual duty to do so ....................this is a clear breach is it not?

All along the dealer has tried to infer that the only protection we have is through the warranty (and Elddis' interpretation of it at that!) - which is not the truth at all. The statutory protections from the SGA/CRA2015 and in contract are much stronger for the consumer..

I would hate for others to be fobbed off with incorrect information as to their legal rights ( as our dealer is attempting to do).

All this underscores just how important blogs like this are in helping caravanners understand their rights for themselves, and not necessarily listen to anything that dealers may be claiming.
Sounds like it's time to start proceedings against the selling dealer in the Small Claims Court - the limit is £10,000.
 
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Sounds like it's time to start proceedings against the selling dealer in the Small Claims Court - the limit is £10,000.

Thanks, you are probably right.

I've tried so hard, but there we are.....

BTW, I didn't know this before, but "subject access requests" seem a handy device if anyone wishes to get their hands on any of their dealer's or manufacturer's documents/files relating to their caravan or it's repair.

Subject Access Requests are completely free & there are template letters available online .

All you have to do is wait 30 days from the date of receipt of the request for the dealer/manufacturer to post (or email) the requested copy documents/files.

One other fact that may be helpful to others:

- the time limit for a claim against the SGA/CRA2015 is 6 years from the date of purchase

while

- the time limit for breach of contract is 6 years from the date of the breach (the breach could be an inadequate repair for example )

The difference is subtle but important.
 
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But No..................
for some reason the dealer is simply ignoring the fact that it is his responsibility to sort the mess. He pretends that if Elddis refuse any warranty work, then he doesn't need to do anything further....... hello! what about the failure to adequately rectify the issue in Dec 2018 which was (& still is) his contractual duty to do so ....................this is a clear breach is it not?

Just hang on a minute .... based on what you have told us you purchased the caravan prior to the introduction of the Consumer Rights Act in 2015, in which case your rights are enshrined in the earlier Sale of Goods Act. and as far as I know the CRA cannot be used retrospectively as it is tied to the date of the completion of the sale basically when you take full possession of the goods.

I know that in many ways both the Acts have many similarities, but there are differences which means you cannot just apply the CRA processes to this case.

And there is another fly in the ointment, becasue I assume the earlier repair in 2018 was carried out under the terms of the manufacturer's warranty. This warranty only exists between you and the manufacturer, the dealer is not the manufacturer, they only act as an agent for the manufacturer, Its up to the manufacturer to decide if work is to be carried out under warranty or not. If they decline a claim, you cannot automatically transfer the liability under the warranty to the dealer, it's nothing to do with them.

Your course might have to be to instigate a SoGA claim, which because in your case the first repair was not carried out under a SoGA claim at the seller's liability, is complicated, and thus any subsequent failure related to that initial repair is actually the responsibility of manufacturer who authorised and paid for it.

This is a grey area and why I urge you to be cautious and take professional advice, as it may not be as straightforward as you think.
 
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Just hang on a minute .... based on what you have told us you purchased the caravan prior to the introduction of the Consumer Rights Act in 2015, in which case your rights are enshrined in the earlier Sale of Goods Act. and as far as I know the CRA cannot be used retrospectively as it is tied to the date of the completion of the sale basically when you take full possession of the goods.

I know that in many ways both the Acts have many similarities, but there are differences which means you cannot just apply the CRA processes to this case.

And there is another fly in the ointment, becasue I assume the earlier repair in 2018 was carried out under the terms of the manufacturer's warranty. This warranty only exists between you and the manufacturer, the dealer is not the manufacturer, they only act as an agent for the manufacturer, Its up to the manufacturer to decide if work is to be carried out under warranty or not. If they decline a claim, you cannot automatically transfer the liability under the warranty to the dealer, it's nothing to do with them.

Your course might have to be to instigate a SoGA claim, which because in your case the first repair was not carried out under a SoGA claim at the seller's liability, is complicated, and thus any subsequent failure related to that initial repair is actually the responsibility of manufacturer who authorised and paid for it.

This is a grey area and why I urge you to be cautious and take professional advice, as it may not be as straightforward as you think.

Great!

I was hoping you would comment as I am sure there are many caravanners out there whose so - called "warranty repairs" have failed but perhaps these failures did not show up until the lockdown period ended and users could only then start using their caravan properly again.

i.e. in circumstances where the "poor/inadequate" repair went untested for such a long period (2 years or so) and where these defects of that repair are now only just beginning to show up..........

BTW: I made a point of sending a recorded formal letter in 2018 to the dealer (and a copy letter to Elddis - also by recorded mail) stating that I was making my claim under the SGA - and NOT under warranty (I stressed this point). Does this hold water? Who gets to decide whether the repair is under Statutory Provisions (i.e. SGA) or warranty?

Would be interested to hear what you think...

I appreciate that SGA applies here for me (whereas other caravanners may well be using CRA)

also I have:

- an independent report: showing that the defect is caused by the faulty construction of the frame and that the repair inadequately addressed this underlying cause, when stripped down.

- complete copies of Dealer's and Manufacturer's documents regarding the issue and and "so-called repair" . I obtained these through "Subject Access Requests" (template letters are available online if anyone else wants to get documents regarding their caravans - it's completely free - dealers /manufacturers are obliged to send or email the docs within 30 days of receiving request- I'd recommend this to anyone, you never know what may turn up!) .


p.s I'm happy to start a different tread if it's helpful ....although I've never done one before.
 
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Great!

I was hoping you would comment as I am sure there are many caravanners out there whose so - called "warranty repairs" have failed but perhaps these failures did not show up until the lockdown period ended and users could only then start using their caravan properly again.

i.e. in circumstances where the "poor/inadequate" repair went untested for such a long period (2 years or so) and where these defects of that repair are now only just beginning to show up..........

BTW: I made a point of sending a recorded formal letter in 2018 to the dealer (and a copy letter to Elddis - also by recorded mail) stating that I was making my claim under the SGA - and NOT under warranty (I stressed this point). Does this hold water? Who gets to decide whether the repair is under Statutory Provisions (i.e. SGA) or warranty?

Would be interested to hear what you think...

I appreciate that SGA applies here for me (whereas other caravanners may well be using CRA)

also I have:

- an independent report: showing that the defect is caused by the faulty construction of the frame and that the repair inadequately addressed this underlying cause, when stripped down.

- complete copies of Dealer's and Manufacturer's documents regarding the issue and and "so-called repair" . I obtained these through "Subject Access Requests" (template letters are available online if anyone else wants to get documents regarding their caravans - it's completely free - dealers /manufacturers are obliged to send or email the docs within 30 days of receiving request- I'd recommend this to anyone, you never know what may turn up!) .


p.s I'm happy to start a different tread if it's helpful ....although I've never done one before.
I think that in the absence of the manufacturer stating under what provision the repair was carried out, then your only recourse would be to the small claims court. Formal notification of intent to proceed will often free the log jam.
 
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This thread seems to be getting very confused.
Any purchases since the Consumer Rights Act came into force in October 2015 are covered by this. There is nothing in this to allow it to be back dated to purchases before then. All the rights are against the seller and not the manufacturer and it only applies to commercial sales and not private ones.
The Act gives you the right to demand your money back if the item is found to be faulty within the first thirty days, although minor problems do not count. As an alternative you can give the seller one chance to correct the defect within a reasonable time and if they cannot you can still demand a refund.
If a fault develops in the next five months you can then demand a repair and if not achieved again you can demand your money back. After that you would have to show the problem existed at the date of sale and the onus is on you rather than the seller and any refund can take into account your use of the item. .
The time limit for proceedings is six years, except in Scotland which is five. The time runs not from the date of sale, but when the problem could first be reasonably detected. which can be far later.
If the caravan was purchased using a credit card or HP type loan you do have a separate claim against the credit provider which is often the best route if you have problems with the seller.
The guarantee has no bearing on your legal rights it simply gives an extra layer of protection assuming you follow the terms. If you make a claim for a problem then the guarantee is probably the most straightforward but you should also make it clear to the seller that the claim is also subject to the Act. It also helps should the seller go out of business.
If you need to use the Act there is a lot of helpful information on the government web site and Citizens Advice. Members of the two big clubs can use the clubs Legal Helpline which will know all about the problem.
I am not sure that the correspondence between the dealer and the manufacturer would help as it will normally be a description of the problem to the manufacturer and a reply saying what the manufacturer is prepared if anything to do but it is worth considering.
 
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This thread seems to be getting very confused.
Any purchases since the Consumer Rights Act came into force in October 2015 are covered by this. There is nothing in this to allow it to be back dated to purchases before then. All the rights are against the seller and not the manufacturer and it only applies to commercial sales and not private ones.
The Act gives you the right to demand your money back if the item is found to be faulty within the first thirty days, although minor problems do not count. As an alternative you can give the seller one chance to correct the defect within a reasonable time and if they cannot you can still demand a refund.
If a fault develops in the next five months you can then demand a repair and if not achieved again you can demand your money back. After that you would have to show the problem existed at the date of sale and the onus is on you rather than the seller and any refund can take into account your use of the item. .
The time limit for proceedings is six years, except in Scotland which is five. The time runs not from the date of sale, but when the problem could first be reasonably detected. which can be far later.
If the caravan was purchased using a credit card or HP type loan you do have a separate claim against the credit provider which is often the best route if you have problems with the seller.
The guarantee has no bearing on your legal rights it simply gives an extra layer of protection assuming you follow the terms. If you make a claim for a problem then the guarantee is probably the most straightforward but you should also make it clear to the seller that the claim is also subject to the Act. It also helps should the seller go out of business.
If you need to use the Act there is a lot of helpful information on the government web site and Citizens Advice. Members of the two big clubs can use the clubs Legal Helpline which will know all about the problem.
I am not sure that the correspondence between the dealer and the manufacturer would help as it will normally be a description of the problem to the manufacturer and a reply saying what the manufacturer is prepared if anything to do but it is worth considering.
On at least two occasions Long Tail Tit has stated that the caravan was purchased prior to CRA 2015 becoming law, so its a Sales of goods Act issue isn't it?
 
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There are still too many unknown facts to offer solid advice, and I should point out that any advice given on this forum should only be used if you can verify it with relevant professionals.

You tell us you purchased the caravan before the 1st October 2015 when the CRA came into force. The date you purchased the caravan is highly relevant as that sets the SoGA time clock ticking regards the point after which you can no longer use it to make a claim. I cannot remember how SoGA defines its periods of limitations, and I'm not about to look it up for you, but your timings seem to be marginal and you may be too late to try to use SoGA.

It could be that when your problem was discovered in 2018, that SoGA may have already expired, so you may not have any redress against the seller.

I think attempting claim after the fact a completed repair under the manufacturer's warranty was actually a SoGA claim may not work, as you should have made it clear at the time the work was to done under SoGA not the manufacturer's warranty.

As far as I am aware neither SoGA nor the the later CRA made any concessions' to the Covid pandemic. For example it was not illegal for owners to use their caravans as accomodation on their own property. The selling dealer does not dictate where you must keep your caravan, that is your choice, If you chose to keep it somewhere where it was inaccessible due to Covid travel restrictions, that is not the dealers fault and so it's not relevant, so the SoGA time clock would still be running throughout the Covid lock downs

I can understand that you are trying to avoid the cost of repairs, but I do wonder if you are clutching at straws becasue it's a marginal case.
 
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Thanks all - but there is an important extra point here.

My caravan past it's sixth anniversary during lockdown. The repair went untested until after lockdown (plus hol period in 2019 spent in USA etc - so caravan sat on driveway)

So. it's now over six years from the date of purchase - so on the face of it, it could be time barred (under SGA/CRA etc)..................but I guess a judge decides esp if there is an admission of liability which there was in my case in April 2018 ,

However, assuming the 6 year rule applies, what happens to the obvious breach in Dec 2018? This failed repair can't be ignored..... and, importantly, it is still within 6 years of this breach (Dec 2018-2022) - so is not time barred.

Other caravanners could be in the same boat as me ...especially due to the unusual circumstances of lockdown in delaying everything.

It would be great to be clear as to our rights on this , and also whether a claim should be made against the manufacturer or dealer for the faulty repair.

In summary, we suffered two breaches (one at the time of purchase and one in 2018).


p.s. SGA applies in my case but the caravan is now over 6 years old: hence the important issue as to the repair above (i.e. the second breach) which is still within its own 6 year limitation period).
 
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Thanks all- the repairs are so great the caravan is a write off - I am shaking as i write this.

just to confirm the caravan was 4 years old when it had its repairs
 
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Thanks all- the repairs are so great the caravan is a write off - I am shaking as i write this.

just to confirm the caravan was 4 years old when it had its repairs
Sorry to hear that. A sad reflection on the industry build and repair standards and their customer support.
 
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Maybe this case needs a radical approach along the name and shame route, ie dealer who did the faulty repairs, and Elddis / Hymer and the American owners.

Why is it the caravan magazines always steer shy of these issues?

A number of the National newspapers have Consumer Gurus who fight these cases.

Whilst the original repairs were SOGA driven is there an argument that says there is a potential legal loophole overlap with CRA ?

Writing off a caravan of this age is unacceptable,

A chat with Which? Legal and or a Consumer Solicitor may help
 
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I am sorry to read your last post which seems to suggest your caravan has been declared a write off.

Based on what you have told us, I totally agree the situation is bad and unacceptable, and I understand your frustration with the situation.

Being indignant is one thing, but whether anything contrary to SoGA or the CRA has occurred is difficult to establish with the lack of a clear time line of events, including duties, trigger points, expiry points circumstances and liabilities .

You need to consult with a professional in these matters.
 

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Maybe this case needs a radical approach along the name and shame route, ie dealer who did the faulty repairs, and Elddis / Hymer and the American owners.

Why is it the caravan magazines always steer shy of these issues?

A number of the National newspapers have Consumer Gurus who fight these cases.

Whilst the original repairs were SOGA driven is there an argument that says there is a potential legal loophole overlap with CRA ?

Writing off a caravan of this age is unacceptable,

A chat with Which? Legal and or a Consumer Solicitor may help
Unfortunately Practical Caravan are so dependent on the goodwill of caravan manufacturers and dealerships that they will never really embrace customer rights or manufacturer and dealership responsibilities.
As far as this forum is concerned, we only have one side of any tale of woe.
While we broadly sympathise and agree that in many cases, build quality from manufacturers and after sales service can be abysmal, no mechanism exists for this forum to obtain both sides of the story, and even if we could, we're not qualified to pass a valid judgement.
Hence, no 'name and shame' is allowed here.
 
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I agree Steve. I was thinking of the magazines and National Press rather than the Forum .
It’s very frustrating any caravan owner experiences these issues but imo a legal opinion is the best way forward.
 
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Thanks all- the repairs are so great the caravan is a write off - I am shaking as i write this.

just to confirm the caravan was 4 years old when it had its repairs
I am sorry to hear of the problems but do think proceeding here will be difficult although threats might get you something. Basically while the repair was carried out presumably under warranty the dealer is required to do this with due care and attention. What you would have to show is that the work was faulty and resulted in the current problem and that probably means an expert opinion. If you can do this then you may have a case.
Presumably the work was carried out in 2019 and I am wondering what has happened since, but the caravan should have been serviced and damp tested since then. If this was not done then the current damage is likely to have become far worse if the checks were not done and the rot has simply got beyond economical repair. That would probably prevent a claim.
Time would run from the date you could reasonably have found out about the problem so assuming you are not in Scotland it would be six years. When you might reasonably have found out is something I cannot say based on the information we have.
If you are a member of either of the two clubs I would speak to their Legal Helpline.
 
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Thanks everyone - so much appreciated.

What you would have to show is that the work was faulty and resulted in the current problem and that probably means an expert opinion. If you can do this then you may have a case.

yes, we have a very damming expert report that shows just that..................


We immediately notified dealer /Elddis (in recorded letters) in July 2021 immediately when it was apparent that the repair was a total failure.

Elddis &dealer didn't want to know - they didn't even want to see the caravan to inspect the damage when we offered to take it there for them to see. I wrote again several times saying that they needed to help us - met a total brick wall of indifference.......

We were left to mitigate the damage by taping the cracks as far as possible....

QUOTE="Raywood, post: 563597, member: 9967"]
caravan should have been serviced and damp tested since then.
[/QUOTE]


Yes, to ensure we still complied with our side of the warranty conditions we continued to have the caravan serviced by AWS engineers - successfully limiting water ingress with our "water proof Sellotape" arrangement (pathetic but successful I know).

We obviously declined to use the dealer to service our caravan at this stage (we used a mobile AWS mechanic) as quite frankly we didn't want to give the dealer any more of our hard-earned money,

Since then we have been we have been fighting the quagmire of SGA/CRA, breach of contract/negligence/family legal protection ( as careful people we had that too! - but even these insurance companies (for 2014 & 2018) would rather not do any work for you - been fighting this too !!) /been to financial ombudsman too/however despite all I'm not giving up as all this is simply WRONG.....

I will write the Particulars of Claim myself if push comes to shove............

We are exceptionally careful caravan owners, but we have been treated appallingly.
This was our first caravan - we ought to be enjoying ourselves... instead we are stuck in a nightmare not of our own creation.

The appalling frame shape (that needs addressing) is the main issue causing the extremely high costs ......not to mention replacing the panels again and all the other bits and pieces needed - the list is v long........

Our caravan's issues are not unique - other Xplore 304s also made in 2014 had the very same faults... I am in touch with several of these (ex-) owners.

(Elddis has settled with these owners - why not us too, Elddis? - why are you putting us through this? ? what have you to gain ??) .
 
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I realised that I didn't address this point earlier

...
BTW: I made a point of sending a recorded formal letter in 2018 to the dealer (and a copy letter to Elddis - also by recorded mail) stating that I was making my claim under the SGA - and NOT under warranty (I stressed this point). Does this hold water? Who gets to decide whether the repair is under Statutory Provisions (i.e. SGA) or warranty?

Would be interested to hear what you think...

Most Manufacturer's warranty statements include a sentence to the effect that their warranty policy does not detract or prevent yo from using your statutory rights. This is to acknowledge that the customer has an inalienable right to decide to use SoGA or the CRA (Whichever is applicable) as well or instead of the Manufacturer's Warranty.

However, do not assume that just becasue something may be covered by the manufacturers warranty, that it will be covered by SoGA or the CRA or vice versa, the way the schemes work and what is admissible or not, is different.

If you decide you want to use SoGA than you are legally entitled to do so. However, there is a procedure which you must follow, and if you don't follow it correctly, your intention may not be enforceable.

I believe the correct procedure requires you to formally "reject" the goods back to the seller with the reason stated. Simply saying you want the repair to be carried out under SoGA or the CRA may not be enforceable.

If you do initiate a SoGA/CRA claim, then it is only against the seller, How the seller decides to cover the cost of the work is not your concern, they may seek help from the manufacturer, but it must be clearly understood that if the manufacturers declines to support the them, the seller cannot use that as a reason to not undertake the work.

As you will be aware there are time scales which determine whether a fault is covered automatically, or whether the buyer has to prove the fault existed at the point of possession SoGA and the CRA handle this differently. But assuming it has reached the point where it is the sellers responsibility to prove the fault is either due to poor design, or poor materials, or poor workmanship, then you also have to be careful about choosing and instructing your "expert". The person or organisation would have to be accepted as an expert by both parties and or the courts if its goes that far.

As you can see this is getting into heavyweight legal issues, which is why you need to seek professional legal support rather than relying on possibly flawed forum contributions.
 
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With the aid of the report you do sound to have a potential claim. Assuming you are within the small claims limit proceeding would be reasonably cheap for you and very expensive for the dealer who would need to be paying a solicitor to defend it. That is not to say they will not try to defend but it is I think worthwhile trying.
I doubt Eldiss can be involved, they authorised the repair but if I read the thread correctly it is simply the dealer who repaired it badly. Add in costs, interest and the cost of the report.
Possibly they will try to compromise it which might be something you would accept.
 
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With the aid of the report you do sound to have a potential claim. Assuming you are within the small claims limit proceeding would be reasonably cheap for you and very expensive for the dealer who would need to be paying a solicitor to defend it. That is not to say they will not try to defend but it is I think worthwhile trying.
I doubt Eldiss can be involved, they authorised the repair but if I read the thread correctly it is simply the dealer who repaired it badly. Add in costs, interest and the cost of the report.
Possibly they will try to compromise it which might be something you would accept.
If the repair was carried out through the manufacturers warranty, then its the manufacturer who is liable if the work was not to standard. the reason is the manufacture is the main contractor and they sub contracted the work to the dealer. This means as far as liability is concerned the customer has no direct claim against the dealer they must direct action to the main contractor who is the manufacturer.

The manufacture will only be liable for the work carried out in the repair, so its a very difficult situation, and why it needs a professional in this type of litigation to advise the OP.
 
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May 7, 2012
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I do not accept that the manufacturer will be liable. The OP went to the dealer and made a claim for the problem. The dealer then approached the manufacturer for permission to carry out the work and was granted that permission. The dealer than carried out the work but not as contractor to Eldiss, but for the purchaser who approached them to complain. In theory the work could be carried out by any Eldiss dealer chosen by the owner and Eldiss do have authorised independent workshops apart from dealers, Our caravan is serviced by one of them presumably as there is no Eldiss dealer nearby. This would be the 2015 guarantee and it may be that this even allowed non Eldiss workshops to carry out the work.
Basically as I see it Eldiss simply agree to pay for the work on completion, but the choice of repairer is the clients and unless there is a specific guarantee of the work by Eldiss they will not be responsible for the work of a repairer chosen by the purchaser.
I did advise checking with either clubs legal helpline if the OP is a member as they will have experience of this. My opinion is that Eldiss will defend on the basis the repairer was acting for the client for the reasons I have stated. The dealer did the work and cannot say that they are not responsible for their own workmanship.
 

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