Faulty windows

[Alan_374565728]

Hi there.

We bought our alpine4 new in April 2008. We are on our third front window and was due to have our fourth, fitted on its second service, but prior to this when we were away at Easter, we noticed water pouring in the front so much so that it totally soaked the seats and bolsters, we also noticed green mould in the corner of the window sill, when checking the front of the caravan we found the front panel had got a lot of splits in it obove the window, one was so big you could get a two pence coin in it!! we gaffer taped it up for the duration and took the van back to the dealer for its service. On the damp check we have got up to 66% moisture in and around the window area. we have been told by the dealer nothing will be done about this until probably July. Surely this cant be right . My question is.. Has anyone challenged the dealer and ask for a replacement or their money back, as we have taken legal advice and been told that is the correct procedure.

 

[Jo-AnneFairway5402010]

sounds to me like your van has an inherant fault which means the fault was there at the time of sale but you didnt know and had got worse on use. i would ring consumer direct and find out legally where you stand. how many times has it been in for the same thing?.

google sales of goods act quick facts. this will really help you.

please keep us posted.

jo

 

[ProfJohnL]

Hello Alan,

In principal I agree with Jo Anne,

The Sale of Goods Act (SoGA) legally requires the seller of new goods to ensure they are of merchantable quality, fit for purpose, and free form design, material or workmanship defects.

The key to SoGA, is if the fault was present at the time of sale. A fault may be present but not showing symptoms, which may be the situation you are in.

SoGA is not limited to just 12months, in theory it lasts for the normal life expectancy of the product, but in practice no one has been able to make a claim stick for more than 6 years from purchase. Obviously the life expectancy of a caravan is very different to a piece of fruit, or a set of brake pads, but with the sort of damage you are reporting on the face of it I think you do have a valid claim.

I have some concerns about the quality of the advice Consumer Direct offers. They get the gist of it right, but because they don't have all the details sometimes the advice seems to be a mite optimistic. I suggest that as you are dealing with a quite valuable item worth several thousand pounds, it may be more appropriate to seek professional legal advice from your local solicitor.

In your favour is the history of replacement windows, which has failed to cure the problem, but slightly against you is the apparent fact that the dealer did not spot the underlying problems during the previous work or services.

Legally your claim is against the seller with whom you had a contract to purchase not the manufacturer, but some times asking the manufacture to review and advise can bring some extra weight to your case.

I hope you do get the problem fully resolved.

 

[Dustydog]

Alan

In addition you may also wish to post your problem on Swift's own public forum.

http://www.swift-talk.co.uk/
Cheers

Dustydog

 

[Andrew_374383565]

Hi Alan..........you can register your complaint with www.caravanandmotorhomewindowproblems.co.uk We are receiving currently 40 complaints a week. we can give advice on what to do and we are also compiling a list of pro active dealers......regards Andrew

 

[Alan_374565728]

Hi Alan..........you can register your complaint with www.caravanandmotorhomewindowproblems.co.uk We are receiving currently 40 complaints a week. we can give advice on what to do and we are also compiling a list of pro active dealers......regards Andrew

hi Andrew

thanks for your comments we did post this problem on swifts foruum but unfortunatly the only reply we recieved was from andy, one of their engineers.