Help please!!

[Damian]

Just wondered if anyone knows where I stand on this problem.
I am fuming and had a 5 day holiday made a mess!!
Middle of June this year we bought our first caravan from a caravan dealership here in Northamptonshire. We bought a Luna Chateau 400 for £5950 in what we thought was excellent condition. While being shown the van we asked how the second double bed at the back went together as we couldn't work it out. They tried but couldn't figure it out either and said it is in the manual - I said not to worry I will figure it out myself. Now after our second trip and taking all the family we could not get the bed right and after lifting the carpet runner I have found screw holes in the floor and noticed the cushions have been made smaller. It has actually all been converted and neatly changed to only a two birth. We purchased a 4 birth and paid for, what we believed and told was a 4 birth caravan.
I am still within my 3 month warranty and before I go down tomorrow to the caravan dealership I wondered if anyone know what my rights are?
Thank in advance for any comments

Steve

 

[Damian]

The answer is in the name of the van. The Lunar Chateau 400 is a 4 berth caravan with two double beds.
If it does not fit the description as sold, get your money back or get the dealer to reinstate to its proper configuration.
Sadly, although not critical, you did not get the dealer to set it up prior to purchase to show you how to convert it to the bed layout.
If you had insisted on seeing it done, the problem would have been seen early and your choice of purchase may have been affected.

 

[steve56616]

Thanks for the reply. Yes, thinking now I should have made them set the bed up but then we didn't ask them to show us everything the caravan can do i'e the cooker, toilet etc. A bed you would think would just be a mater of working out how the table etc fits to assemble. Now looking very closely I can see how it has been cut down and everything changed. It would be impossible to put it right. Also when I come to trade it in or re-sell I have a big problem.
Just wondering if they can get out of it by saying it was sold as seen and where I stand legally if they make a problem for me.

 

[John_374564913]

Dear Steve
The first step would be to check your paperwork if it is clear that you were purchasing a four birth caravan and in fact because of modifications it is now only a two birth then the item being the caravan has been mis-sold and the contract null and void and you can claim a full refund. Or insist that the caravan is reinstated to a four birth at the expense of the dealer.
Now if the paperwork is not clear regarding the birth of caravan being sold and purchased but you had a third party present during negotiations and the vendor/salesman made it clear that he was selling you and you were purchasing a four birth caravan. Then it is clear that a (verbal contract existed between the parties.)

The united Kingdom is one of the very few countries that recognise a (Verbal Contract) I would suggest you speak to a professional legal authority which could be available to you via the Caravan club if you are a member or maybe the Practical Caravan can advise you.
In my opinion you could have a case of mis-sale and a claim could be made through the small courts, to recover the amount paid, armed with the information and the threat of a small claims court to recover the amount paid for breach of (verbal contract) you may find the dealer/seller more accommodating.

Please keep us informed of how you get on.

regards

John

 

[steve56616]

Thank John

The receipt says Luna Chateau 400 and doesn't state the birth and certainly doesn't say it has been modified. I am only a member of the Camping and Caravan site as still very new to all this. We have only been caravaners for about 6 weeks and so far found it fantastic with great people. I feel that the dealers didn't know eithers as they got a technician in who also tried but with no luck. My stupid fault for saying not to worry we will work it out. The dealership is quite a large chain so I would have thought we were safe and not being ripped off. I will talk to them tomorrow and see what they have to say.

 

[John_374564913]

Steve

let us know tomorrow how you get on my personal opinion is that the dealer has an obligation to resolve the issue to a satisfactory conclusion.
I would approach the situation with courtesy but also firmly on the basis that it is you the injured party

Regards

John

 

[Parksy]

Hi Steve
If you bought a Lunar Chateau 400 then that is what you should have recieved.
Contact the dealer and calmly and clearly outline the problem, don't make any threats of legal action etc at this early stage and don't become angry or aggressive.
Ask the dealers what they intend to do, they may offer to put things right, offer a refund or a suitable replacement caravan.
Either way the 4 berth caravan that you paid for is clearly not fit for purpose and the purchase is covered under the sale of goods act (soga) which protects your rights as a consumer or customer.
My guess is that the Lunar was a trade in which hasn't been properly inspected and the large dealership in Northamptonshire will accept that a mistake has been made and put matters right to uphold their reputation.
Sadly I doubt if there is anything that you can do about the ruined holiday, the dealers could argue that you ought to have checked the caravan before you went and contacted them at the time but they most certainly will have to either repair the Lunar to it's original specification or give you your money back or a suitable replacement caravan.

 

[Dustydog]

Hi Steve
You said:- While being shown the van we asked how the second double bed at the back went together as we couldn't work it out. They tried but couldn't figure it out either and said it is in the manual - I said not to worry I will figure it out myself. "

The Sale of Goods Act gives you protection against this type of issue.
Damien told you the Lunar is a 4 berth and that is what you should have been given. As above you did ask the dealer to show you the how the bed worked. He couldn't do it !

As Parksy says a friendly approach at first to either have the bed reinstated so you now have a 4 berth or have a full cash refund and start again. If they refuse either resolution let me know and I will send you a draft template letter which I use in these type of matters.

 

[steve56616]

Went in today and the dealer was very good. I really don't think they new about it and were very apologetic. They have offered to exchange it for another van but I said we will think about it on Monday when I take the Luna back. If they can't exchange for something we like then I will have to ask for a full refund. I think that is fair all round.
Thanks for all your comments and advise.
Steve

 

[Dustydog]

Hi Steve
That's encouraging.
So your 3 options are:-

1. Full refund.
2. Exchange
3. Refit the Lunar back to original?

From the dealers point of view an exchange will be their preferred option. Don't dismiss this one too hastily. It could be to your advantage to obtain a higher value caravan than the Lunar. Just negotiate hard.
Obviously you know what layout you like . However what we have now is nothing like what we had years ago! Finally got it right. LOL.
Best of luck and keep us posted.

 

[steve56616]

Hi Dustydog

Well I have only been given 1 option from them which is an exchange. I said I wouldn't commit to anything today but wanted to tell them what has happened and that I need to bring the van in as soon as possible. I said that it gives them time to think how best to deal with the problem. We agreed that fixing the Luna is not possible as too much has been done and I am sure would cost them far too much. I am happy for them to exchange but I liked the modern look/feel of the Luna which suited us well. I will not want anything older or of less value either. If they can't exchange even for something slightly more money then I will ask for a full refund. I think that is fair!! Also I didn't get angry or showed any annoyance at all. I just said I was very disappointed as we were really happy with the van but it doesn't suit our needs and need a 4 birth.

 

[JonnyG]

If it is a big chain of caravan supplier then hopefully they have something that takes your fancy, i would suggest you use there website to see what is on offer and if any specific vans take your liking.
That way on monday you could go there well armed, and maybe actually get a slight upgrade for the inconvience it cost you, because it ruined your holiday. regardless if the last bit is true or not.

Good luck

 

[Surfer]

Perhaps this is a company that should be avoided as obviously they never gave the caravan a proper service before selling it to you. They are obliged to offer you a repair, an exchange or a refund of your money. If they refuse to do the latter they could end up in serious trouble if it went to court. My preference would be to get a refund and shop elsewhere.

 

[steve56616]

I have to agree with the last comment. I was disappointed as after paying in full for the van I had to wait 2 weeks to collect as they said they wanted to service it and clean it up. It wasn't very clean to be honest... not dirty but I could tell it hadn't been cleaned. Also they tv socket was broken and obviously they hadn't removed the carpet runner and noticed all the screw holes and slight rip in the flooring.
Least I have plenty of ammunition if I need to use it on Monday.

 

[steve56616]

We took our Luna back today and the dealers examined it this morning and a repair is not possible. They were apologetic for their mistake and were aware that they haven't anything of the standard of our van at that price to exchange. However, I did say there were two vans I would consider but they are more expensive but for our inconvenience and messed up holiday plus all the expense laid out i.e Isabella awning etc... we think they should allow an upgrade. Without being greedy, we have said we will throw in our awning as it won't be use to us now.. that is worth around £600 - £800 alone. I am now waiting for them to speak to the boss and come back to me this afternoon. All their vans at the same value were not suitable or in as good condition to ours. I didn't go over the top looking at really expensive vans but these two I think are right and are the only one's we like. I think it is in their interest to keep or custom and we would also like to stay with them as they are very local.

 

[steve56616]

Well what a cheek!!! I will never use this chain of caravan dealers again.
The owner never even apologised and said they would refund the Luna if I pay the extra for the other van. He wasn't bothered about our ruined holiday or the fact we had another short break booked for next weekend.
They finally gave us a full refund but insisted it would be minus the price of the free starter pack given as a gift when we purchased the van 6 weeks ago. We said you can stick it and take the aqua roll and a few little bits back as we now don't have a caravan anyway.
I am very angry as waiting two weeks after paying them with cash in full and then to find that the clean and service to make sure everything was in order never even took place. I have a cheque as a refund and have to wait 5 days for it to clear!!! I have a room full of stuff such as the Isabella awning that cost a fortune.
Well being nice from the start didn't get us anywhere. All I can say is they will never get my custom again and I will tell others to avoid them as they are nice when their taking your money but things change when you want it back.

 

[Surrey_Chris]

Steve,

Are you a memeber of one of the clubs ? They have free legal advise & I think you should get some. I would have thought they have some sort of duty of care to ensure they are selling the item as described. Not sure about the holiday but I would have thought you could make a claim for the awning. I do not really know how you would stand , but it is worth a try.

 

[ProfJohnL]

Hello Steve,

Clearly you are not happy but you have at least been offered a full refund, which is all the seller is legally obliged to do.

They are only required to offer more than a refund, if you have actually suffered a loss as a direct result of product not being as described or faulty.

Being rather brutal about it, you did actually get your holiday, and even though it might not have been as comfortable as you would have liked, you did get some benefit from the caravan. So for that reason it is unlikely you would get any further compensation if you went to court.

Now if you had assumed it was a four berth as described, and four of you went on holiday, only to find that the so called bed could not be used, forcing one or more members of your party to take refuge in a hotel, then that would be a consequential loss and you might have been able to sue for the hotel charges, but you would have to show there was no other reasonable option.

All things considered, a full refund breaks any ties with the dealer and you are now free to make a new choice free from any pressure from the aforementioned dealer.
Happy caravanning

 

[steve56616]

I understand what you are saying but come on!! to suggest full refund minus the money for free gifts??? If that is good customer service then they have a long way to go.

 

[Philspadders]

rather than take advice from armchair experts pop down to your local CAB. They offer free advice and will help you.

Go and see your local CAB. Forums are great place for help and info but at time like this you need professional advise.

 

[steve56616]

Well we have sorted out a new van now. Much better and a private sale which is giving us much more for our money. Seems they have done us a favor in the end but have learn't a lot in our 6 weeks of caravanning! Thanks for everyones advice

 

[GrahamPonty]

Time to name and shame me thinks Steve. Glad to hear you have got yourself sorted, it is better to buy private sometimes and as you say you get more for your hard earned money. Good luck.

Regards

Graham

 

[forestgump]

steve im in the area and know most of the dealers around can you give me a clue.

 

[Damian]

Whilst I have every sympathy with the OP, it is now a closed situation.
He has got the majority of his money back from the dealer, and has found a better van as well.

As it has to be on the forum, Name and Shame is not allowed.
Time to consider this topic closed.