HELP NEEDED - TRADING STANDARDS QUESTION

[sgtangel]

Hi all - looking for some legal / trading standards advice if possible.

We bought a van from a small dealer last year - at the time I insisted on 2 new tyres being fitted. I didnt know much about caravanning, but I knew the tyres were important !
When we picked the van up, I could see the tyres had been changed, so I didnt really pay much attention to them aftterwards.
Now the problem....
I have just had our van serviced, and the fitter found that the tyres are NOT new !
One is 21 years old ! yes you read correctly..... TWENTY ONE
and is downright dangerous - a massive split across the inside tread around the entire circumference (inside the wheel well where it cant be seen)
The other is 8 years old, therefore was already outside the 7 year legal time limit when it was fitted to the van
Both tyres appeared, to the untrained eye, to be perfectly good tyres, as the outside wall was in relatively good condition - and both had loads of tread.
Therefore, the dealer who sold us the van, who assured me that it had new tyres, has lied, and sold us something which was dangerous.

Can someone give any comment / advice on where to go from here ?

We have arranged for 2 new tyres to be fitted tomorrow, to get us on the road again, but to say I am angry is an understatement ! I would now like to confirm my position before I approach the dealer for some form of recompense

Any thoughts / advise would be appreciated,
Thanks

 

[WoodlandsCamper]

As a first off do you have any paperwork to say the tyres were new or will it be down to word of mouth?

 

[Jo-AnneFairway5402010]

Omg that's so bad. Dealers r getting worse lady on a Facebook page picked her new to her caravan up, dealer said it's had a full service etc. gets it home toilet full of both its vile. She's struggling to get rid of the smell. I'd av drove the cassette back to the dealer.
Has the engineer left you paper work saying the tyres are that old and the split etc?. Take photos of the tyres the split and the date code on them.
Go to the dealer with paperwork and pictures.

 

[sgtangel]

As a first off do you have any paperwork to say the tyres were new or will it be down to word of mouth?

Unfortunately not - the original invoice merely states the caravan make / model and the price paid.
The condition etc was all verbally agreed with the owner / salesman during the process.

 

[WoodlandsCamper]

Unfortunately you may be a victim of the disgusting British law which says 'caveat emptor' or 'buyer beware'. The definition I've found is:
Caveat Emptor. Latin for "let the buyer beware." A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. Especially applicable to items that are not covered under a strict warranty.

But it does mention warranty, so are you covered there?

 

[sgtangel]

Unfortunately you may be a victim of the disgusting British law which says 'caveat emptor' or 'buyer beware'. The definition I've found is:
Caveat Emptor. Latin for "let the buyer beware." A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. Especially applicable to items that are not covered under a strict warranty.

But it does mention warranty, so are you covered there?

The van came with a 3 month warranty, which has passed, but I was hoping that the fact the tyres are illegal, and one by such a margin, that I would have some hope of a successful outcome. My understanding is that, by law, caravan tyres, which are date stamped, must be replaced if they are 7 years old, therefore a dealer fitted tyres to my van which were illegal before I even left his property.

 

[chrisbee1]

First of all there is no 7 year legal age limit for tyres. It is a recommendation and depending how the tyres were stored before fitment can have a bearing on the recommended time they should be kept on your 'van.

The other problem I foresee is you convincing the dealer that the current tyres are the ones he fitted. Now, I know you are as honest as the day is long but he doesn't. How does he know you haven't swopped the wheels with your mate up the road with a similar van? Personally I think you may be on a hiding to nothing on this one. It's going to be your word against his and after so long difficult to prove one way or the other.

 

[Raywood]

The dealer has to supply a caravan that is roadworthy and fit for purpose. If the tyres were 21 years old they are not fit for purpose and probably unroadworthy. I would keep the tyres as proof and ask for the cost of the new ones from the dealer. If that fails then the small claims court is your best bet but do check with trading standards to see if the dealer has a record.
I appreciate it is one persons word against the others but the courts tend to favour someone who has gone to the lengths of filing an action and the cost of defending for the dealer will outweigh the cost of two tyres.

 

[waffler]

As you bought this from a dealer he has a duty to supply what is fit for purpose. Clearly it was. Ask your technician to give you a signed statement saying what he found. Then write to the dealer saying you are claiming the cost of new tyres from him. Give him the figure. Send by recorded post. Then seven days later send another saying unless you receive his payment by a set date, (give him 10 days) you will commence proceedings in the county court. Then when he doesn't pay start proceedings. Find small claims court via google and it tells you what to do. The court will suggest arbitration. Agree. Present your case and hope. I would then report the dealer to trading standards. (I had to do this over a damp van and he paid the day before the hearing.)

 

[chrisbee1]

As you bought this from a dealer he has a duty to supply what is fit for purpose. Clearly it was. Ask your technician to give you a signed statement saying what he found. Then write to the dealer saying you are claiming the cost of new tyres from him. Give him the figure. Send by recorded post. Then seven days later send another saying unless you receive his payment by a set date, (give him 10 days) you will commence proceedings in the county court. Then when he doesn't pay start proceedings. Find small claims court via google and it tells you what to do. The court will suggest arbitration. Agree. Present your case and hope. I would then report the dealer to trading standards. (I had to do this over a damp van and he paid the day before the hearing.)

Clearly, with a damp 'van there can be no dispute that it is the caravan the dealer supplied you with. Tyres on the other hand are a different matter. All the technician can report on is the condition of the tyres fitted when he serviced it. It is impossible for him to say that they are the tyres the dealer supplied with the caravan, especially after at least a 6 month time span.

As far as "fit for purpose" is concerned, that's a bit subjective. The OP has obviously towed the caravan on these tyres so they did indeed serve their purpose. The problem seems to be the date of the tyres and the split. How do you prove tyres of this age are not fit for purpose and how do you prove you didn't cause the split by say, towing with low tyre pressure?

I'm not trying to be negative about this, just suggesting some of the arguments the dealer may put forth, especially as he sounds a bit unscrupulous.

.