My damp swift

[TonyG]

I own a 2011 swift conqueror 645... First service 40% damp! second service 60% damp! third service due
March 10th and I was really dreading it.. Anyway yesterday I loaned a mates damp meter, really pleased as where it was damp last year along both skirts and wheel arches it was reading 10% great news. I then checked the front of the caravan and the readings shot up to 70%. Absolutely gutted, damp all across the three front windows..
My dealer is great, and I'm sure it will be "put right" again, but how long do we have to put up with this sort of poor manufacturing processes. Is this going to be a yearly occurance until the warranty expires?
this is the worst caravan I have ever owned. Wish I had never brought it. As far as I am concerned, swift produced my van, along with many others that were not fit for purpose, a known design fault. I might as well, have thrown 23K down the drain....
is it worth trying to take legal address?

 

[xtrailman]

I would get it repaired again and trade it in for a smart ht.
With the hassle you have had i would be asking for a good discount, its certainly worth contacting swift to see if they and dealer could give you a deal.

 

[Mel]

1st van a brand new Swift in 2006. First service: damp. Second service: damp; Third service: no damp. Traded in for a different make before the warranty expired. Can only agree with you.
mel

 

[TonyG]

I would get it repaired again and trade it in for a smart ht.
With the hassle you have had i would be asking for a good discount, its certainly worth contacting swift to see if they and dealer could give you a deal.

hi Ray..
swift are not getting any more of my hard earned cash ... Never have another swift ... Who's to say this Smart HT is going to be any good... I have been one swift guinea pig, I don't intend to be another

 

[xtrailman]

Why guinea pig? the contruction of the 2011 was traditonal build wasnt it, poorly put together?
I believe smart has only been out a few months, and smart HT just recently, so yes you would be a guinea pig buying the new version.
But if you can change and save a few thousand, then it may be a SMART move.
To be honest i think all the uk makers are much alike, they all turn out lemons.

 

[otherclive]

Why guinea pig? the contruction of the 2011 was traditonal build wasnt it, poorly put together?
I believe smart has only been out a few months, and smart HT just recently, so yes you would be a guinea pig buying the new version.
But if you can change and save a few thousand, then it may be a SMART move.
To be honest i think all the uk makers are much alike, they all turn out lemons.

Ray, whenever I have changed vans or cars it costs me money. How does a change save a few thousands? Surely better to keep the van and let Swift/Dealer bear the loss by keep having to repair it. Then hopefully if the repairs are done well there will be no damp when it comes oout of warranty and it should attract a decent trade in.

 

[ProfJohnL]

Don't forget that if you have a repair carried out (whether its warranty or you pay for it) the repair is coverd by SoGA and the SoGA clock is reset for the repaired components or workmanship.
Even if a repair is 'free of charge' a contract is established when you agree to have the repair carried out. If you are an enduser, then it falls under retail contracts which are subject to SoGA.
If an FOC repair fails, then you just as much right to expect the problem to be resolved as if you had paid for it.Do not be fobbed off with statements that limit guarantees on repairs to just a few months. However do be carefull, because whilst a repair must be of sound design and merchantable quality, if what it is fixed too is of dubious condition, then it can be difficukt to show if the repair has failed or the the apparent failure is due to other circumstances surrounding the repair.

 

[Surfer]

Don't forget that if you have a repair carried out (whether its warranty or you pay for it) the repair is coverd by SoGA and the SoGA clock is reset for the repaired components or workmanship.
Even if a repair is 'free of charge' a contract is established when you agree to have the repair carried out. If you are an enduser, then it falls under retail contracts which are subject to SoGA.
If an FOC repair fails, then you just as much right to expect the problem to be resolved as if you had paid for it.Do not be fobbed off with statements that limit guarantees on repairs to just a few months. However do be carefull, because whilst a repair must be of sound design and merchantable quality, if what it is fixed too is of dubious condition, then it can be difficukt to show if the repair has failed or the the apparent failure is due to other circumstances surrounding the repair.

Can you point me to where that is covered by SOGA as a very interesting point. We have had goods replaced and told that the warranty period is only for the remaining period of the original product? Thanks.

 

[RayS]

Google SOGA and you will find all the appropriate websites. The Which? site has pretty clear explanations but none are too explicit about what happens if a second repair is needed to correct a first one. This can be important as you have the right to reject an item within six months of purchase, so if you had notified the fault and had it repaired all within the first six months, only to have the repair fail on the first trip following it (but outside the first six months) and thus may still be able to reject the unit.
There is also some vagueness about whether, having accepted a repair, you are entitled to compensation for the loss in market value between your repaired van and one of the same time and condition but without the repair.
If you are a CC member, call their legal aid service. At least one gentleman there is well clued up about SOGA and otheer assocaited legislation.

 

[ProfJohnL]

Hello Surfer,
These are my thoughts and how I would approach the situation if arose for me.
This is where it gets quite involved. You appreciate there is a difference between your statutory rights (SoGA) and the offer of a manufacturers guarantee/warranty.
The content of a manufacturer's guarantees is not controlled by legislation, so they can be as prescriptive as the manufacture wishes. In most cases manufacturers guarantees have a finite life and so will not be extended on the whole product when repairs are carried out. But it is my contention that repairs carried out on a product are only instigated if all parties agree, and that constitutes a contract with an end user, and that makes it subject to SoGA. The only slightly odd factor is that no money is involved, but the ownership of goods are never the less exchanged so its a zero value contract but it is still a contract.
You know because you have quoted it the past SoGA requires goods and services supplied must be of suitable design, materials and workmanship, and it follows that must apply to any repair carried out under a retail contract. But it is very important to appreciate it only applies to the design, materials and workmanship of the repair, it does not reset the SoGA or manufacturers Guarantee clock on the whole product.
When it comes to the ultimate remedy where a product is fully refunded, That is the end of that transaction and contract and the customer is free to use the money in any way they wish. They could opt to purchase same model again, in which case both SoGA and the manufacturers guarantee will be completely new contracts with no reference to prior events.
But if the remedy is a full replacement (rather than full refund) then the manufacturers original guarantee stands, because no new contract has been created, and the same might seem to apply to SoGA but as with the repair scenario I believe a contract to replace has been struck and that should start a new SoGA cycle on the replacement product.
If I was offered a full replacement I personally would always push for full refund rather replacement, as it very clearly separates and simplifies the guarantee and SoGA situations.

 

[Surfer]

Thanks John for clairfying what I suspected. Next time I wil opt for a refund instead of a replacement as buying the same product restarts the clock again.

 

[TonyG]

Prof John
i would really welcome the opportunity of having a conversation with you, to access my options, would you mind dropping me a quick email, so I can reply and give you far more detail
my email address is. Acgreatrex@ gmail.com

 

[Gafferbill]

I have experience of damp meters when I was involved in the delivery of shipping containers........ The containers were often steam cleaned for hygiene reasons which left them damp inside....the next customer often wanted a container to be dry for his products transportation so would then refuse the container because it was too damp......... This did not mean the the container let in water from the outside!
I often think dealers are measuring moisture inside a caravan that does not leak........especially if the tests are done at this time of the year!............This has been a very wet year with humidity never much below 90% for months in the UK.........Under those conditions it is very likely that a caravan stored outside will be damp inside......my 18 year old Swift I am sure could give damp readings way above 10% in winter when not in use and is currently tinder dry down here in sunny Spain.

 

[ProfJohnL]

Hello Tony,
I have good reason to protect my anonymity on these forums, so I do not correspond directly with other members. Parksy know who I am and has previously offered to be a go between, which protects us both, and also provides us with a third pair of eyes to monitor content .
Please note my disclaimer in my signature box below - I am not a legal professional.

 

[Dustydog]

Tony.
I assume your caravan is insured as indeed is your home?
It is usual for both these insurance policies to contain legal expenses insurance. This gives you access to a Legal Professional who can take your case further. Also if you belong to one of the Caravan clubs they too have free legal advice.