Rejecting a caravan

[Thedoog]

If you reject a van because of condition and faults, do you have to let the dealer try and get you to replace it with something else from their stock. Or can I just insist on my money back.
Repair is not an option we have agreed not to do this as even if they did it we would not trust it again. They want us to replace with an adjustment as they put it.

Steve

 

[Dustydog]

Steve

A bit more info and facts will help..
How old . Make and model.
price.
How did you pay? Credit card. Loan. Cash.

How long have you had the caravan?
What is the problem.

The more you can tell us the better advice can be offered by the forum it's on here.

 

[Thedoog]

Dusty. had the van 6 weeks had it checked by our mobile engineer who found damp and a serious problem with integrity on the van. i don't want to go into details as we are taking it back at the weekend and i am now paranoid about the situation we find ourselves in. We paid over the the top book price for a van we were assured was in perfect condition, only to find out the truth. It is under warranty and they offered to replace it but that assumes they have something we like, it took us months to find this one. All i want know is what are my options if they dont have something we like.
This is enough to put you off caravanning for life.

Steve

 

[Dustydog]

Hi Steve

What a shame.

Six weeks on the caravan is very clearly not as described.
Under The Sale of Goods Act you are entitled to reject the caravan and demand an immediate full refund of your money.
If you look back on other threads you will see copious amounts of posts on this subject especially from Prof John.

You DO NOT have to accept another caravan , not suitable to you, as a replacement.
Don't leave their premises until you get your money back,.

I assume the mobile engineer is correct in his assessment?
Good luck

 

[Thedoog]

Thanks Dusty, i trust the engineer completely, he is not to far from you in sunny Swindon. The damp we coud have lived with as the van is 10 years old, but to be told it is structurally dangerous was a gob smacker.

Steve

 

[woodsieboy]

Hello Steve
It is worth remembering that your contract is with the seller and as you are dealing with a dealer they have to correctly describe the goods they are selling,do not be pressured into accepting anything other than a full refund,there are plenty of other dealers and plenty of good caravans out there,we have had a bad experience with a dealer in the past but it did not put us off caravanning, we just made sure we haven't spent a penny in that dealership since, . Good luck with whatever you decide and let us know how you get on and what you decide to do.

 

[ProfJohnL]

Oh dear,

Another sad story,

I'm not prepared to predict the outcome of this one. again we are hamstrung by not having all the relevant details and facts.

Dusty is quite right about your rights under SoGA, BUT it depends on the details of what you were told by your seller before purchase. I'm talking about the nitty, gritty details, and I suspect its not quite as clear cut as our poster has made it read.

Why for example did you have the caravan checked so soon after purchase? Why didn't you arrange for this inspection before purchase?

The phrase Caveat Emptor (Buyer beware) is so relevant in such cases. I have pointed out several times, anything the retail seller prints or tells you about a product must be accurate, But they are not actually obliged to volunteer any information. It is actually up to the buyer to ensure the product is what they want, and it is fit for purpose for which they intend it, so the buyer must ask all the relevant questions to which the retailer is legally required to answer honestly. Unless you ask the right questions, you may not get the information you need.

I cannot believe a dealer would be so daft as to claim a ten year old caravan "was in perfect condition" But if that is exactly was said then you will have a case, but I suspect the seller will have either qualified that or answered the question you asked, but the question you asked may not have required the answer you need, and you may have made an assumption based on insufficient information. Its these details that are so important and missing from this dialogue.

However, if the independent caravan engineers report is accurate and the caravan structure is unsound, it will have to provide evidence the cause of the failure must have been present at the time of purchase, because if the underlying cause is possibly due to misuse or damage since purchase, then the SoGA case will fail.

If the SoGA case is upheld, then it suggests the caravan is beyond safe usage, which is a clear contravention of the SoGA Fit for Purpose, and Free from Defects. I would have little doubt a full refund and all consequential losses should be awarded.

But on the information supplied so far I couldn't call which way it would go.

 

[Thedoog]

Prof the reason we had it checked, is explained in another post i put on here earlier. Its in technical under the heading "does a warranty cover damp".
We only had it checked for peace of mind before the warranty expired, we were really happy with the van and had no idea what the engineer would discover.

 

[ProfJohnL]

Hello Steve,

Thank you for that clarification,and information linking it to your earlier enquiry about damp. The overall picture is clearer now, and I see I have in essence repeated many of the points in both threads, at least that shows consistency.

Unfortunately, whilst I fully sympathise with your plight, the misgivings I have sounded in both threads I believe are still valid. Its not going to be a clear cut case, unless the independent engineers report is accepted without question, a point that I suspect the dealer will challenge.

If the dealer acknowledges the caravan you purchased is not fit for purpose, he is legally obliged under SoGA to offer a full refund. which you can insists on, He may also offer alternatives such as a replacement caravan, but you are not obliged to accept it.

So what I suggest you do now is to produce a chronological list of all communications and events concerning your caravan with as much detail as possible such as names, and any promises or commitments made by you or the dealer. Be accurate, honest and fair.

If it looks like the matter is not being resolved you will need to consider suing the dealer under SoGA, which is why your accurate recollection of events and proceedings is essential. If it goes to court the test will be on the basis of the balance of probabilities.

I strongly suggest if the dealer doesn't play ball, consult a legal professional about your next steps.

 

[TheTravellingRooster]

Dusty. had the van 6 weeks had it checked by our mobile engineer who found damp and a serious problem with integrity on the van. i don't want to go into details as we are taking it back at the weekend and i am now paranoid about the situation we find ourselves in. We paid over the the top book price for a van we were assured was in perfect condition, only to find out the truth. It is under warranty and they offered to replace it but that assumes they have something we like, it took us months to find this one. All i want know is what are my options if they dont have something we like.
This is enough to put you off caravanning for life.

Steve

Hi Steve. I personally can fully empathise with you on some aspects of your situation I/we also bought a caravan from a now defunct dealer and in hindsight and knowing a little of their rather chequered history I really do question myself why I agreed to go ahead with the purchase.
At the time and not intentionally looking for one albeit having just lost an otherwise perfectly OK 1992 Fleetwood Colchester 1850 twin axle we ended up at Discover Leisure in Coppull,Lancashire - we had actually gone to their rather nice cafe for a brew and some locally made cake - BIG MISTAKE!!!!!!!!!!!!!!!!
Ms Travelling Rooster clapped eyes on an otherwise very very nice 9yr old 2001 twin axle that was a one owner from new and the inside looked like it had seen very little use at-all. It had only arrived the day before and seemingly had not been valeted for sale.
A health issue meant that the caravan went straight into storage on the 1st August 2010 and there it stayed until the late spring of the following year.
Upon removing it from storage and carrying out a "pre-away" exterior clean-up - the reality of an overenthusiastic urge to replace the Fleetwood and get out caravanning again began to unfold.
The caravan had seemingly suffered a rather hard life with exterior abuse including a crumpled NS rear corner during the first few weeks of ownership by the original owners and numerous badly executed paint repairs and resealing of rails that looked akin to an overenthusiastic young model make and glue.
The caravan had been brought from down from Perthshire as a PX for a Motorhome with a 12wk lead time.
By that time SS Discover Leisure was beginning to take on water at a rapid rate of gallonage and not long after they went down amid a load of spluttering and floundering countrywide.
Further spells of less than good health have resulted in the van now needing additional work, some of which is linked to one of the original 'finds' and bodges. Without the repairs our van is worth little less than scrap value.
In conclusion :- don't delay,don't accept verbal assurances and make sure that everything is in writing and sent Recorded/Signed for.

 

[Raywood]

On the basis of the brief details given the caravan was not fit for purpose, particularly if you paid over book price, because of the alleged condition, and you should be entitled to your money back. If the dealer does not agree however your next step would have to be threatening a court action and possibly following this through, and assuming we are talking several thousand pounds then you realy need legal advice. If you are a member of either of the clubs then they have a telephone advice service, you might also find this if you are a union member or through your household insurance.
Given the difficulties and time taken with legal action you might need to be pragmatic and look carefully at any offer of exchange the dealer makes. A short sharp letter from a solicitor though might do the trick so may be worth a try.
If the purchase was made using a credit agreement or any part was by credit card you could also approach the company or companies involved as they would also have a liability.