Help finding a caravan engineer who will complete a Section 75 Report

Jun 25, 2024
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Hi all,

I have come on here in desperation, as I don’t know what else to do.

We purchased a Freedom Caravan in July 2019 brand new, and from the August onwards we have had issue after issue. Our biggest problem is that the caravan “built to not leak” leaks to the point that when we went caravanning with our son this March we were having to lay down next to properly sodden walls. We have reached the point where we just can’t bring ourselves to use it anymore.

The first leak was around the skylight, and the service department’s initial resolution was to remove the whole awning rail and cause even more leaking, and rust by using screws that rust to fix the awning rail back on. In addition some of the leaking is caused because we have used the grab rails to manouvre into position on the pitch. I wasn’t told when purchasing the caravan that these were just for decorative purposes.

We have had numerous issues such as the chassis not being galvanised properly, but the continued repairs done by their servicing department usually caused further issues or were not to a good standard.

We have been informed by our bank that we need a report. We have rung far and wide and no-one will do it. We don’t want anything that isn’t honest. We are happy to provide evidence of our issues - we just want a way out. We can’t px it as it needs fixing first. We would even pay for a proper repair so we could px it for something else.

Can anyway help us? We live in North Wales but willing to travel . Apparently, even though we have called everyone we can find from here into Manchester and they have all refused, it will go against us in the claim if we don’t get a report.

Please help us!
 
Jun 25, 2024
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Hi, thank you so much for your reply. No-one has really given us a reason for not doing the report they just tell us they don't want to get involved. The guy who completed our last service agreed to do it, and then just avoided us every time we tried to make contact. I stupidly didn't realise that he was purposefully avoiding us until I rang him from my work number and he suddenly took the call. He still wouldn't say that he didn't want to do it, and then just continued avoiding us.

We tried calling Caravan and Motorhome Club and they told us to contact engineers on IAEA site (they were also the ones who suggested the Section 75 claim in the first place) - these people mostly dealt with vehicles and didn't want to touch our caravan.

I will definitely try the websites you mentioned, but when many of the bigger caravan service departments surrounding us also refuse to do a report, I just don't understand.

We bought our previous two caravans from Glossop caravans (the second one brand new), and even their service department refused to do us a report, even though I said that I was hoping to be in the market for a "real" caravan again if the claim was successful.

We haven't asked anyone to lie or to represent us in court, just simply to look at the caravan, look at our evidence and write up a report for the credit card section 75 claim. Am at a loss??
 
Jul 18, 2017
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You will have a struggle to get any report on a 5 year old caravan which is probably why no one wants to do a report as it will be extremely difficult. I can understand why they don't want to do a report as it would be extremely difficult for them.
 
Mar 14, 2005
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Section 75 is an option, but you also have a claim route through the small claims court under the Consumer Rights Act 2015 (CRA).

You have evidence there has been a continual issue with damp, from the receipts and correspondence from previous repairs. Your claim under the CRA should start from the date you first initiated the first repair action for the problem.
 
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Pointless even considering CRA 2015 or small claims court as you would need reports and no one is prepared to do a report.

Taking into account the age of the caravan, your best course of action would be to approach Which Legal Services for advice rather than any forum. Your biggest hurdle is why you left it for 5 years before deciding to do anything. What sort of physical proof do you have of the repairs?
 
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Pointless even considering CRA 2015 or small claims court as you would need reports and no one is prepared to do a report.

Taking into account the age of the caravan, your best course of action would be to approach Which Legal Services for advice rather than any forum. Your biggest hurdle is why you left it for 5 years before deciding to do anything. What sort of physical proof do you have of the repairs?
I agree with contacting which, but I disagree about the lack of a report. The history of the previous repairs is compelling evidence of the continuing problems, and the failure of the seller to adequately rectify the underlying cause. The liability of a CRA claim is judged on the balance of probabilities as understood by a reasonable person. The burden of proof only has to be enough to adjust the balance.

But as we can agree, obtaining well founded advice from Which? will be a good route.
 
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Mel

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Mar 17, 2007
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You may well have rung these guys but we used to use them for servicing when our van was in north wales
Or have you tried companies recommended for bodywork repairs:

They are all further afield than North wales but Have all been recommended by folks on here at various times for body work repairs.
Hope you find someone
Mel
 
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I agree with contacting which, but I disagree about the lack of a report. The history of the previous repairs is compelling evidence of the continuing problems, and the failure of the seller to adequately rectify the underlying cause. The liability of a CRA claim is judged on the balance of probabilities as understood by a reasonable person. The burden of proof only has to be enough to adjust the balance.

But as we can agree, obtaining well founded advice from Which? will be a good route.

The issue here is that when a repair is done under warranty the paperwork is between the dealer and the manufacturer who is based in Poland and not between the consumer and the dealer or manufacturer.

Another reason why some do not want to get involved with reports on the caravan is that there are probably not many Freedom caravans around and technicians are probably not very familiar with them plus of course the manufacturer is in Poland? Just guessing.

It will be unlikely that the OP will have this sort of proof. They will need to send off a SAR to the data controller at the dealership to obtain that information and that can take up to 40 days.

Even if they go to court which is highly unlikely, due to the age of the caravan that will count against them and they may only get back a partial refund. This could be a very complicated scenario hence the reference to WLS.
 
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Nov 11, 2009
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A friend of mine with awful damp in a new motorhome used an MCEA engineer to provide an independent report. Sorry to say it did not get him very far as he had not followed advice wrt using CRA2015. Black Horse Finance seem to recommend MCEA in cases too. Fully support talking to Which Legal Services. The initial discussion is free, but then it costs for a years unlimited advice.
 
Jun 20, 2005
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According to Companies House Freedom Caravans Limited have traded in the UK for 40 years .
Since 2019 they give UK buyers a 25 year water ingress warranty.

Has the OP discussed his issues with Freedom? Invoked the 25 year warranty?

The other aspect is the sub standard repairs carried out by the OP dealer. CRA as we know applies in full to all repairs and services. Using non SS screws is unforgivable 😡
 
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Black Horse Finance seem to recommend MCEA in cases too. Fully support talking to Which Legal Services. The initial discussion is free, but then it costs for a years unlimited advice.
Which I think is a very good reason not to use a MCEA technician for a report. Preferable to use AWS. Again talking from experience. LOL! :D
 
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The issue here is that when a repair is done under warranty the paperwork is between the dealer and the manufacturer who is based in Poland and not between the consumer and the dealer or manufacturer.

Another reason why some do not want to get involved with reports on the caravan is that there are probably not many Freedom caravans around and technicians are probably not very familiar with them plus of course the manufacturer is in Poland? Just guessing.

It will be unlikely that the OP will have this sort of proof. They will need to send off a SAR to the data controller at the dealership to obtain that information and that can take up to 40 days.

Even if they go to court which is highly unlikely, due to the age of the caravan that will count against them and they may only get back a partial refund. This could be a very complicated scenario hence the reference to WLS.
Only the OP can confirm if there is any prior correspondence in regards early attempted repairs. If there is, that is evidence .

I cannot comments specifically about the warranty Freedom Caravans offer, but as with most manufacturers warranties , it is a contract between the manufacturer and the customer. The dealer only acts a an agent or intermediary , until the manufacturer authorises action. That means the customer does have right to copies of all correspondence and transcripts of calls etc.

As you have pointed out in previous discussions on this type of subject , a customer can legally request all relevant paperwork, so there should be no question about its historic origins.

I'm certain if the OP does follow the advice to consult with Which? legal services, he/she should be given more authoritative advice.
 
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Which I think is a very good reason not to use a MCEA technician for a report. Preferable to use AWS. Again talking from experience. LOL! :D
I cannot understand your logic. If an owner who has finance via Black Horse and is in dispute with the selling dealership, if an MCEA technician is used for a report then why would that be a problem when Black Horse seem to recommend MCEA to prepare a report.
 
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Jul 18, 2017
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I cannot understand your logic. If an owner who has finance via Black Horse and is in dispute with the selling dealership, if an MCEA technician used for a report then why would that be a problem when Black Horse seem to recommend MCEA to prepare a report.
Simples. The MCEA who is employed by BH may do a report in favour of BH. I am no longer a very trusting person. :unsure:
 
Jun 25, 2024
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Thank you all so much. As we are currently in the process of a section 75, if I can get a report I will follow through. Next step if not will be Which.
You may well have rung these guys but we used to use them for servicing when our van was in north wales
Or have you tried companies recommended for bodywork repairs:

They are all further afield than North wales but Have all been recommended by folks on here at various times for body work repairs.
Hope you find someone
Mel
thank you so much for your message - would have definitely gone to @caravanalia because he’s fab, but we’re not allowed because he did a repair for us! 😞😞
 
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Jun 20, 2005
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Thank you all so much. As we are currently in the process of a section 75, if I can get a report I will follow through. Next step if not will be Which.

thank you so much for your message - would have definitely gone to @caravanalia because he’s fab, but we’re not allowed because he did a repair for us! 😞😞
Is it his repair that has failed?
 
Jun 25, 2024
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Pointless even considering CRA 2015 or small claims court as you would need reports and no one is prepared to do a report.

Taking into account the age of the caravan, your best course of action would be to approach Which Legal Services for advice rather than any forum. Your biggest hurdle is why you left it for 5 years before deciding to do anything. What sort of physical proof do you have of the repairs?
We didn’t leave it for 5 years, we have had ongoing communication since 3 months after we purchased it. The problem is due to covid, moving house and serious health conditions we haven’t had the opportunity to use it that much to test it. Plus you don’t know it’s leaking if it’s dry when you use it.
 
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We didn’t leave it for 5 years, we have had ongoing communication since 3 months after we purchased it. The problem is due to covid, moving house and serious health conditions we haven’t had the opportunity to use it that much to test it. Plus you don’t know it’s leaking if it’s dry when you use
Just some back ground info please.
Did you have it serviced annually by an appointed dealer or independent engineers?
What were the damp readings like?
 
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