Boff said:Buckman said:Boff said:I apologise in advance, but I am going to play Devils advocate here.
In what way does a translucent roof make a caravan not fit for purpose? Did the manufacturer or the retailer make any claim that the roof was opaque? Is it a good situation no it’s a carp situation but legally have you a claim if the other side chose to fight it? I’m not sure. But I would advise getting some legal advice before taking any irrevocable and expensive steps.
It is a defect and known to Swift due to the number of complaints received. As you are woken up early in the morning due to the red glow I would think that the caravan may not be fit for purpose as you cannot get a good nights sleep in it? If it was fit for purpose then why have Swift got a fix for the problem?
You will notice that I openned my post with the statement that I was playing Devils advocate and I closed it by saying, get advice. I am not in anyway claiming that a translucent roof is a desirable attribute, I wouldn’t want one. But it might not constitute not fit for purpose legally. If the picture posted by thingy that was deleted also showed light leaking arround the blinds covering the skylights so people accept that roof isn’t neccesarily light tight .
It is good to hear that the manufacturer and the dealer are willing to take remmedial action. Less good that the problem was allowed to occur in the first place but unfortunately not surprising.
Boff,
Whilst "fit for purpose" is a criteria, it is not the only one, and the CRA also looks at design, material and manufacturing faults, which by the manufacturers own admission the translucency of the roof is a fault.
If the case were brought against the seller through the CRA and the small claims procedure, the evidence would have the test of "what a reasonable person" would expect", and I suspect that no reasonable person would expect to find a translucent ceiling in a caravan.
In my view the seller should be very worried. because it is blatantly clear (and confirmed by the manufacturer) the goods are faulty. Unless the fault was described to the customer, and the customer accepted the fault and it was part of the contract of sale, then the seller is in breach of their inailiable duty under the CRA.
If the seller knew the caravan was faulty, and they failed to tell the potential customer, then they have commited fraud.