New Caravan Problem

[Tim_374565934]

Hi. I have just purchased my 1st caravan from Discover Leisure York. It was the last new 2009 Ace Jubilee model they had for sale. I paid a deposit and 5 weeks later picked it up and paid the rest. I was very pleased with my purchase and the service. However when I got it home it had the door mat missing and I soon realised the Thetford toilet flush system had been fitted with some non manufacturing pipe work which leaked water (some into the shower) when you filled up the toilet system with water. I called Discover and credit to them they sorted the door mat straight away. The sales man to my surprise also then advised me he knew that they had replaced some manufacturing parts with some 'bits of pipe and jubilee clips' and they would sort it for me (thanks for not telling me!). As I was going away for my first weekend last week I called by on route and they tried to apply a temporary fix. This worked after using some bits I had in my car toolbox. However I seem to be getting nowhere with getting the right parts from them which they say will be sorted under warranty. I call but no one calls back with anything firm as to when it will be solved. The temporary fix works but needs attention every time you open the outdoor toilet box. This is a shame as the purchase experience had been great till now. I have been very polite and patient so far (to no avail) but would like some of your views on if you think my patience and politeness will pay off or if you would take an alternate approach. I look forward to the forums views and advice.

Tim

 

[Danny_374561559]

i would be polite to start with as you say you have been but i would just tell them now that unless something is resolved or you are given a specific date you want a refund as you bought the caravan in full working order and they new there were faults so you are in your rights

 

[Parksy]

Hi Tim

Your post sums up many of the things that are wrong with customer relations in the caravan industry.

I'd write to them and send the letter via recorded delivery.

You have paid for a new fully functioning caravan so it is reasonable for you to expect to receive one. If the caravan had faults these should have been rectified before you took delivery and not later under warranty.

I'd give the dealers a reasonable time to fully rectify the faults, say one month and state this in your letter.

It is entirely unreasonable for a dealer to expect a customer to pay for a caravan which contains some sort of bodge up and then fail to respond correctly, if they have to wait for parts that should never have been your problem, you didn't cause the problem in the first place they did.

The guys on Swift Forum may be able to help with the parts but you should never have been put in this position in the first place.

If all else fails contact your local trading standards office who will offer further advice.

 

[charlie_374349329]

We bought our Bailey ranger from them 4 years ago...They serviced it for the first two years, and then we went to an 'independant' at Brighouse (West Yorks) for the third service who discovered...no its not a pun....that the front nearside corner was soaked with damp and had probably been leaking since new....the caravan was repaired under Bailies warranty, but the damage wasnt found by 'Discover' on two occassions...

Post edited to prevent breach of forum etiquette

 

[Parksy]

This topic is straying into the area where I'll have no other choice other than to remove it I'm afraid.

It would be helpful if replies were confined to offering advice to Tim about his situation with no further complaints about named dealers please.

Thanks

 

[ProfJohnL]

Hello Tim,

I echo what Parksy has suggested, but to add weight to your argument point out that by supplying goods that were known to be faulty, that they are in breach of contract and the Sale of Goods Act (SoGA) and trades descriptions act for falsely warranting the goods as fit for purpose, and of merchantable quality.

Danny is correct that if company is in breach of the SoGA you are entitled to formally reject the goods and to demand a full refund, but I suspect that you would prefer to keep the caravan provided it is returned in fully repaired as new condition.

I trust this wont be necessary, but just in case if the matter does go further, I suggest you recall to the best of your ability all the communications you have had with the dealer, when, how and to whom you spoke and what was said, and record them. From this point onwards only write and insist on written replies keep copies of materials.

As your caravan is a major purchase, it is wise to take the best advice possible. Consumer Direct will give some guidance, and the CAB may be able to help but realistically a local solicitor will best serve you.

Legally your complaint is against the seller (the other named party in the contract of sale) . If you used a finance house, then they are your seller, and not the dealer.

As the matter is very clearly to do with the dealer, the manufacturer has no direct interest in the matter, however recording the events to the manufacture may elicit some help, as they will not want a dealer to bring their name into disrespect.

Finally, and I am surprised that Parksy didn't bring this to your attention, it is actually against forum etiquette to name a company with which you have a dispute. I strongly suggest that until the matter is resolved one way or the other you refrain from making further postings on this matter.

Best of luck.

 

[Tim_374565934]

Hello Tim,

I echo what Parksy has suggested, but to add weight to your argument point out that by supplying goods that were known to be faulty, that they are in breach of contract and the Sale of Goods Act (SoGA) and trades descriptions act for falsely warranting the goods as fit for purpose, and of merchantable quality.

Danny is correct that if company is in breach of the SoGA you are entitled to formally reject the goods and to demand a full refund, but I suspect that you would prefer to keep the caravan provided it is returned in fully repaired as new condition.

I trust this wont be necessary, but just in case if the matter does go further, I suggest you recall to the best of your ability all the communications you have had with the dealer, when, how and to whom you spoke and what was said, and record them. From this point onwards only write and insist on written replies keep copies of materials.

As your caravan is a major purchase, it is wise to take the best advice possible. Consumer Direct will give some guidance, and the CAB may be able to help but realistically a local solicitor will best serve you.

Legally your complaint is against the seller (the other named party in the contract of sale) . If you used a finance house, then they are your seller, and not the dealer.

As the matter is very clearly to do with the dealer, the manufacturer has no direct interest in the matter, however recording the events to the manufacture may elicit some help, as they will not want a dealer to bring their name into disrespect.

Finally, and I am surprised that Parksy didn't bring this to your attention, it is actually against forum etiquette to name a company with which you have a dispute. I strongly suggest that until the matter is resolved one way or the other you refrain from making further postings on this matter.

Best of luck.

Thanks all for the advice and feedback. Great advice. At the end of the day I just want the qulaity product I paid for not a refund. If Parksy would kindly remove this blog I would appreciate it as I didn't intend to go against the forum etiquette here. Tim

 

[Tim_374565934]

Thanks all for the advice and feedback. Great advice. At the end of the day I just want the qulaity product I paid for not a refund. If Parksy would kindly remove this blog I would appreciate it as I didn't intend to go against the forum etiquette here. Tim

 

[ThePlotter]

I have given this advice many times before,based on many years working in banking/finance industry.

If you bought the van on finance arranged by the dealer (not elasewhere) or paid at least

 

[Parksy]

In order to clarify the position -

Posts which mention Discover Leisure have been scrutinised closely in the past because the company were the victims of unfounded speculation and rumour.

The post would only breach forum etiquette if it breached either rules 2,3 or 4 which read:

2 You may not transmit intentionally false, misleading or fraudulent information.

3 You may not transmit material that discloses personal matters concerning any person or that is defamatory.

4 You may not transmit complaints about named companies or caravan parks. Such individual issues should be taken up with the company direct.

In my opinion Tim hasn't actually complained about the named dealership but to my mind seems instead to be asking for advice.

In fact he has praised the dealers and said that he has been happy with the service received but now he seems to have reached an impasse in a situation which is not of his making. By posting on this forum Tim will receive very good advice, if the topic does happen to stray into murky waters I will do my best to deal with it fairly but Tim is making fair comment.

 

[Dustydog]

The nub of Tim's problem imo is the non availability of the correct parts needed to remedy the situation.

Whilst as previously said Tim's contract for purchase is with the dealer, Swift themselves are always willing to help.

Swift have posted on this forum many times and of course have started Swift Talk "http://www.swift-talk.co.uk/".

It may be worth Tim posting on Swift Talk too. Hopefully one of the Swift boys will then ensure Discover are sent the parts express delivery.

Cheers

Dustydog

 

[JohnKS]

The nub of Tim's problem imo is the non availability of the correct parts needed to remedy the situation.

Whilst as previously said Tim's contract for purchase is with the dealer, Swift themselves are always willing to help.

Swift have posted on this forum many times and of course have started Swift Talk "http://www.swift-talk.co.uk/".

It may be worth Tim posting on Swift Talk too. Hopefully one of the Swift boys will then ensure Discover are sent the parts express delivery.

Cheers

Dustydog

I agree with Dustydog. Contact Swift and they will sort it. Discover closed our branches down here in the south so we have no dealer.

Thetford might be able to help to as they sent me direct a toilet part last week. Probably better to sort the problem yourself. If you do a search you will find many comments on Discover's service (or lack of) on lots of forums