leak

[Paul l]

Hi
We brought a Elddis Affinty 550 in march 2019 to which we have had a leak from the rear seal joint that goes across the rear roof ,it has been serviced by one of there approved service centres
the dealer we brought the caravan went bust in 2020 so cannot go back to them
the manufatures agreed to have the seal over sealed then after this hasn't worked they replaced the joint strip but still leaking i got a damp reading of 25% , its been difficult to detect as it only leaks when being driven and raining so must be the twisting of the van
I have told them that the area around the strip has an air gap between the skin and panel
i have emailed them again and awaiting a reply
is there a time limit on something being unfit for Purpose as its in the clothes cupboard
Paul

 

[ProfJohnL]

Hello Paul,

I'm sorry to read of your continuing problems. Your statutory rights are enshrined in the Consumer Rights Act 2015 (CRA) which automatically establishes some contractual obligations between the retail seller and the consumer.

You tell us your retailer closed, so limits your access to use the CRA. However If you used a finance house to purchase the caravan, they have a joint responsibility with the retailer to ensure compliance with the CRA, basically because you are buying the caravan from the finance house, so they become a retailer.

The fact you have had a series of related problems throughout your use of the caravan might be useful as the problem will be documented along with th e remedial works which apparently have not resolved the problem. Consequently the effective time limits the CRA tends to use may have effectively been put aside, and if you used a finance house they may still be liable.

You do not have any claim against the manufacturer under the CRA, as they were not a party to your purchase, But if the work they carried out was done under their manufactures warranty , you would have to check the Terms and Conditions of that warranty to see if they might have any liability for the repairs they undertook.

If you used a finance house, you need to read up and if necessary take professional legal advice about using the CRA, and I would recommend the Consumer Association who publish the Which? magazine. They also have advice packages to help with consumer rights matters.