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jongeorge1

May 11, 2008
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i need some help with some issues that i have with my van it has been at the dealer for approx 4-5 months with different faults and some times the same faults as they eather can not find them for they make them. the best fault was the last time it was in said that the blinds were loose and needed adjusting and when i picked it up they said all done. the following day i went on hoilday only to find that one of the blinds did not work and when i phoned they said that i must of used them when storing the van, i do not as i used the curtains.

went to the van today after 8 weeks in the garage to get work done under warranty only to find that there is a dent in the side (done there) the van was brought new aug 08 so just over a year old and have had nearly 20 faults with the van. can any one say what i need to do so get this sorted for good.

i have so far spend £13000 for a van to live in the dealer and fuel to take it there and back and even go and get it and not come back with it as

they have not fixed it or have dented it.
 
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Bazz1

Mar 14, 2005
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Hi Jon-George, did you take out any finance on your purchase. If so then if the dealer is being an arse inform the finance company and they will take it up with them, The Van, in this situation is more the finance companies than yours but they do have a bit of clout when it comes to deales commission on sales. Bazz.
 
ProfJohnL

ProfJohnL

Mar 14, 2005
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Hello Baz.

If you are not satisfied with the product then take legal advice about your position.

A good solicitor should be able to determine if the Finance company is the seller or if it is the dealer, or if they have a joint responsibility.

Either way a solicitors letter may well show the dealer tat you expect to get what you paid for, a fault free caravan.
 
ProfJohnL

ProfJohnL

Mar 14, 2005
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Hello Baz.

If you are not satisfied with the product then take legal advice about your position.

A good solicitor should be able to determine if the Finance company is the seller or if it is the dealer, or if they have a joint responsibility.

Either way a solicitors letter may well show the dealer tat you expect to get what you paid for, a fault free caravan.
Click to expand...
Sorry I should have addressed my reply to Jon-George.
 
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Northwood

Dec 4, 2007
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Same thing happened to me.

Take my advice and get along to see your trading standards officer as soon as possible. ( This Week)

Make a list of all your complaints in advance. make written reference to everything you have done and the responses of the dealer.

You are not allowed to name the dealer, but give us the town / street / postcode.

Good luck and keep us posted.
 
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TD42

Nov 5, 2006
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Jon ,if you are in either of the clubs take advice from their legal help lines. Do you have legal services with you home insurers? Defintly contact Trading standard's & report your trouble. you could also threaten to return the van as not fit for purpose & to take it through the small claims courts for out of pocket expenses
 
Martin24

Martin24

Aug 23, 2009
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In the days before I saw the light and bought a coachmen we had a van that was backwards and forwards, the dealer was very good in that they collected it each time and returned it but we just didn't seem to make any progress. The last time they collected it I told them I didn't want to see the van again. I then wrote a letter to one of the directors of the manufacturer, outlining the faults, what the dealer had done and stressing that the van was not of a merchantable quality. Within 3 days the dealer telephoned to say they had spoken with the manufacturer and that I would be getting a new years' van in Decemeber at no cost to us or if we didn't like the new vans upholstery etc we could have a full refund, taking in to account the trade in etc which had been sold within 2 weeks of it hitting the forcourt. We were given the option of going to earls court or the dealer to view the new year model. Went to Earls court, decided although not keen the easiest option was to accept the new van which we did. May not work but if you can get a name of the MD or another director write to them direct and mark it as private and confidential for recipient eyes only, then it will actually hopefully get to them direct rather than being intercepted by someone lower down the line. Also I would suggest a course of action to them that would include letters to the clubs, PC, watchdog etc highlighting problems if there is no satisfactory outcome to your first letter.

Good luck, keep copies of everything in case you still need to go down the legal route
 
ProfJohnL

ProfJohnL

Mar 14, 2005
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Hello Jon George

I reaffirm my advice to you to get professional legal advice.

You are covered by the sale of goods act, which basically says that a seller of a new retail product must indemnify the buyer against material or manufacturing defects or design faults, and that it must be fit for purpose.

If a product is less than 6 month old then it is usually up to the supplier to prove the product was not faulty, but after 6 months the onus is on the customer to bring enough evidence that on the balance of probabilities the fault did exist at the time of sale.

It does not limit you to 12 months either, (though in practice 6 years is the maximum limit for bringing a claim)

These are your statutory legal rights under the sale of goods act.

The seller is the person or company that takes your money, which is why if you use a finance company under some circumstances they are the legal seller, not the dealer.

It is nothing to do with the manufactures guarantee which is entirely different and has no bearing on your legal rights.

Whilst it may sound simple, and sometimes it is, but you need to have good evidence to support your claim, which is why I recommend seeking professional legal advice.

Trading standards and the CAB are a fine bodies of people and they will provide proper advice, but with deference to their work load and the voluntary nature of the CAB, their advice may not be as timely and urgent as you may require.

Just bear in mind that you agreed a contract of sale with the seller for a caravan, You did not contract for faults, so if there are faults with the product then the seller is in breech of contract.
 
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