It's Got Me Again!!! Panel Cracks!!!

[Buckman]

Hi all,
I have two symetrical cracks in my rear panel emerging from the roof strap. And hair line crack in front panel 2019 elddis caravan.. I have made temporary repairs . Dealer inspection found 30 % damp. Unfortunately panels are only covered for 12 months. Eldiss have offered new front panel and wall boards and corner caps for the rear. But dealer wants £4000 labour. I have drilled the cracks and re sealed last damp tests at 24% in the exact same spots. Is the offer of free parts goodwill from elddis a sign of guilt I dont know . But the other issue is they will only guarantee there work for 12 months . Therefore if they crack again at more than 12 months I back in the same position as I am now.

Your first step is ask the dealer why the cracks have happened. More than likely they will blame you stating that it is due to the condition of the roads. At that point put a claim in for accidental damage and allow an assessor to view the caravan.

The assessor will probably report that it is not due to accidental damage or anything similar and that it could be a design fault etc. The assessor is an expert so not something the dealer can argue with under the Consumer Rights Act 2015 S10, S19 and S23.

We did all the above and took on the dealership and were successful. Even better if the caravan is on Hire Purchase as you have more protection. However I do recommend that you contact Which Legal Services for advice. Their advice is excellent and worth every penny.

 

[Buckman]

PS I think that a new thread should be created so that we do not get mixed up between posters?

 

[caravan john]

Hi what do you propose hear buckman go through my caravan insurance.

 

[ProfJohnL]

Hi what do you propose hear buckman go through my caravan insurance.

I essence yes, as its your caravan insurance that covers the caravan (if you have taken out a policy) for non third party damage.

 

[caravan john]

Hi I have just put these images on . I think the panel has been forced on as the rear window seals were twisted and discovered at the first service as well and the dealer has had 2 x opertunaties to repair the issue . Again think this panel could have been forced on at the build stage

 

[ProfJohnL]

PS I think that a new thread should be created so that we do not get mixed up between posters?

I disagree, The subject matter is the same.

 

[Buckman]

Hi what do you propose hear buckman go through my caravan insurance.

I suggest that firstly you try and get it in writing why the panel failed. An email should be okay however if they verbally tell you that may suffice. You need to get the reason why the panel cracked before approaching the insurance company. This what we got from the dealer. Sadly it did not carry any weight as far as the assessor and ourselves were concerned

 

[Buckman]

I disagree, The subject matter is the same.

True, but a different problem and poster however up to the mods to decide.

 

[Buckman]

Hi I have just put these images on . I think the panel has been forced on as the rear window seals were twisted and discovered at the first service as well and the dealer has had 2 x opertunaties to repair the issue . Again think this panel could have been forced on at the build stage

You paid for the service and it was highlighted at the time so will be covered by CRA 2015 and as the report was made within the first 12 months of ownership at the first service therefore the 1 year warranty should still be in force?

 

[caravan john]

Hi yes the rear window seals were discovered after damp was also in the vicinity, me being me I discovered the compromised seals . The repair was done under warranty, but it appeared again at the 3rd service. Back in again repaired under warranty. I asked the engineer why has it come back and he the window seems to have been forced into position. I only have this verbally. But now it's back again and with the added cracks in the rear roof panel, along with hairline crack in front panel. The cracks were only discovered 4 months ago by myself when cleaning. Then I discoverd the damp . Dealer took the caravan in for service and inspection of the cracks and damp. Result was out of warranty panels only insured for 12 months. Elddis good will wll parts free . 17 hours labour free But I have to stump up labour £4000 for the outstanding labour. This is the situation as stand today. Caravan legal services not much help.

 

[Buckman]

Hi yes the rear window seals were discovered after damp was also in the vicinity, me being me I discovered the compromised seals . The repair was done under warranty, but it appeared again at the 3rd service. Back in again repaired under warranty. I asked the engineer why has it come back and he the window seems to have been forced into position. I only have this verbally. But now it's back again and with the added cracks in the rear roof panel, along with hairline crack in front panel. The cracks were only discovered 4 months ago by myself when cleaning. Then I discoverd the damp . Dealer took the caravan in for service and inspection of the cracks and damp. Result was out of warranty panels only insured for 12 months. Elddis good will wll parts free . 17 hours labour free But I have to stump up labour £4000 for the outstanding labour. This is the situation as stand today. Caravan legal services not much help.

Caravan Legal Services are generally useless as we found out which is why I suggested Which Legal Services who are experts on all things regarding consumer rights etc. The above gives a strong indication that the dealer may need to foot the bill completely as it does seem that their repair was poor.

 

[caravan john]

Hi Buckman , i still have the issue of the front panel hair line crack . Of which this seems not related. Also is there a cost for which legal services?

 

[Buckman]

Hi Buckman , i still have the issue of the front panel hair line crack . Of which this seems not related. Also is there a cost for which legal services?

Ours was a hairline crack on the offside at the top where the front panel joins the roof panel. We were quoted over £9000 for the repair which was replacement of the front panel. For repairing the crack and not replacing the panel would have cost £2660. This occurred last year in Oct when we claimed.

Incidentally a place in Birmingham quoted us £600 for the repair only and they have an excellent reputation, but lucky for us Elddis & dealer decided it was their responsibility.

The caravan was bought in 2018 and we had a small balance on hire purchase and although the HP was paid off by the time the crack came to light, it was still the responsibility of the HP company to sort out the issue which is why I asked if the caravan was on HP. Not sure about S75 on a caravan that is nearly 4 years old.

The cost for the legal advice from Which consumer is about £95 for the whole year and for as much legal advice as required. Worth every penny!

 

[caravan john]

Thank you buckman it looks like I have some thinking to do.

 

[caravan john]

I have no hp

 

[caravan john]

Should I go through the dealers complaints procedure , or should I email asking how the cracks have materialised. Of which they will reply wear and tare.

 

[Buckman]

Should I go through the dealers complaints procedure , or should I email asking how the cracks have materialised. Of which they will reply wear and tare.

Doubt if you will get anywhere with the dealer's complaint procedure as they will fob you off. Got that T shirt. However do ask them how the cracks materialised.

#Wear and tear should not cause cracks on a 2019 caravan so doubt if they will use that excuse as how would wear and tear occur?

 

[otherclive]

Should I go through the dealers complaints procedure , or should I email asking how the cracks have materialised. Of which they will reply wear and tare.

I would look at CRA 2015, take Buckmans advice as he's got the tee shirt, and let the dealer know what your expectations are. I doubt that their response will produce anything better than Buckman got, but then talk to your Insurers about an assessor visit/report. It's not going to be easy. You need to note everything down in chronological order and as the process moves forwards keep copies of everything said or written. Even when you speak to the Dealer follow up with a written record for yourself and the Dealership.

It's a sad fact of life that leisure vehicles and their suppliers are years behind the motor industry, and they aren't perfect by any standards. A friend of mine is currently battling for £10000 of damp damage to be resolved in his motorhome, which the dealer claimed to have repaired on two occasions.

 

[caravan john]

Elddis have offered al parts free nearly £3500 worth. But the dealership is not giving any goodwill at all. Elddis want to be copied into any correspondence between the dealership and my self. Is this the norm.

 

[otherclive]

Elddis have offered al parts free nearly £3500 worth. But the dealership is not giving any goodwill at all. Elddis want to be copied into any correspondence between the dealership and my self. Is this the norm.

it wouldn’t do any harm, as no doubt they should be interested in how their dealer plans to resolve the matter, particularly as Elddis are providing the parts. But as you are aware the contract is between you and the dealership, but having Elddis wanting to be copied could be a positive change in approach.

 

[Raywood]

I am afraid the answer is possibly get the work done and then issue a small claims summons quoting the CRA unless they change their mind. Given the cost of defending and the very high chance of the claim succeeding even the threat should get some change in the attitude of the dealer. I suspect the stance though is from Eldiss which is why they want copies of the correspondence.

 

[Buckman]

Elddis have offered al parts free nearly £3500 worth. But the dealership is not giving any goodwill at all. Elddis want to be copied into any correspondence between the dealership and my self. Is this the norm.

We came to a compromise taking into account the age of the caravan, 5 years and agreed to pay £600 towards labour costs. Elddis picked up the balance of the +"£9k bill.

 

[Buckman]

I am afraid the answer is possibly get the work done and then issue a small claims summons quoting the CRA unless they change their mind. Given the cost of defending and the very high chance of the claim succeeding even the threat should get some change in the attitude of the dealer. I suspect the stance though is from Eldiss which is why they want copies of the correspondence.

Once you have paid trying to get the money back through small claims woudl eb like trying to get blood out of a stone as you wil get every delaying tactic and obstacle put in your way and it could be dragged out for 2 - 3 years. We were advised by Which Legal Services and it is not a good option unless you like a lot of stress.

 

[caravan john]

I am afraid the answer is possibly get the work done and then issue a small claims summons quoting the CRA unless they change their mind. Given the cost of defending and the very high chance of the claim succeeding even the threat should get some change in the attitude of the dealer. I suspect the stance though is from Eldiss which is why they want copies of the correspondence.

Hi ray what do you mean stance from eldiss. I have only delt with the dealer up to today.

 

[ProfJohnL]

The CRA is a powerful piece of legislation and based on what we have been told about this case it would seem to be a strong claim. However the CRA only applies between the retail customer and the retailer. It does not involve the manufacturer, as they were not a party to the contract to buy the caravan.

Being an act of parliament, if you want to take advantage of the act you do have to comply with the requipment's of the act. So you do have to formally reject the goods to the retailer, stating one or more of the acts reasons for rejecting.

Because you have had possession of the goods for more than 6 months, the act does require that you (the customer) has to provide the evidence to support the claim. This is why Buckman's suggestion of trying to claim from your insurer is likely to to provide you an independent professional engineers report about the damage. Providing that report states its not due to abnormal wear and tear or accidental damage, then it is a compelling piece of evidence that the goods were faulty or had a latent fault, for which the CRA makes the retailer liable.

Whilst the manufacturer may have asked to be kept informed about the progress of your claim, they have no lawful reason to expect to included, as the claim is about breach or contract between you and the dealer, Not the manufacturer. However you might decide its a convenience to keep the manufacturer informed but you are not obliged to. I personally would not.
I would courteously inform the manufacture that your CRA claim it is a private matter between parties to the contact of sale.

Also If the case did go to the small claims court, its possible the dealer could call the manufacturer as a witness, and any correspondence between you and manufacture could become admissible.

As far as you are legally concerned its the dealer that has to provide the remedy, How the dealer obtains the parts and covers the cost should not concern you.

Even though I believe the information I have given you is sound, I strongly advice you to seek a professional opinion and I support the suggestion of using the Which Legal services.