Rejecting a Caravan.

[Notmyvan]

In the Which Magazine (April 2020) In their Legal Advice Column they detail the case of a Caravan which was bought new in 2017 for £21499.
It had faults during the first year which was fixed by the dealer during the first years warranty, but faults which occurred after the 12 months had elapsed the dealer refused to do.
The owner wanted to reject it which the dealer refused.
The owner successfully applied under section 75 of the Consumer Credit Act to reject the faulty caravan and he received the £21499 back.
He did have to have the caravan independently assessed to confirm the defects.
Just shows people do have rights.

 

[ProfJohnL]

The UK consumer now has some of the most powerful rights of anywhere in the world. It's one of the best kept secrets that traders don't want customers to know!

Unfortunately there are some traders or their employees do not understand or even know about them, and it's a rude awakening when a customer actually uses them successfully.

If traders ebrassed the regulations rather than trying to ignore or obstruct them, it would increase their power to get their suppliers to improve the quality (in its broadest sense), and so on back through the supply chain.

Don't forget that whilst a faulty product does incur costs to repair or replace it, the seller is actually in breach of the CRA in the act of selling a faulty product.

 

[Raywood]

Can you supply more details or a link as I would like to see far more details of this.
I assume these were not minor faults but a series of continuing problems with at least some serious.
As I understand it the CPA allows you to reject the goods if faulty in the first month, or if faults reported in the first month are not repaired to a satisfactory standard. I cannot find anything to say faults arising in the second year allow rejection.
You refer to the Consumer Credit Act so the claim was presumably against a finance company and not the dealer. That may be the stronger act, although I am surprised they paid the full purchase price as they are allowed to deduct a reasonable sum for the purchasers use of the product. Finance companies are generally bigger and stronger than caravan dealers and are generally the better route when pursuing a claim.

 

[ProfJohnL]

Hello Ray,

Over the last few days you have repeatedly referred to the CPA by which I assume you mean the 1987 Consumer Protection Act. My understanding is this act is used where you might have a claim against a producer where you are seeking damages. Most of the matters so far discussed in this thread is related to the retail sale, and would fall under the 2015 Consumer Rights Act, which is more about obtaining satisfaction or a repair replacement or refund against the seller.

Can you clarify if you mean CPA or the CRA.

 

[Raywood]

Hello Prof, Sorry, mistype but yes it should be CRA. This one seems to be a long way ahead of anything I have heard of before, in that after over a year later the complainer received 100% of their money back, despite the fact that in most cases some deduction for the use of the item would be made.
Having had a claim against a finance company, although not for a caravan, I did find them determined to avoid paying or if they had to, at least reduce it well below their liability. I got the impression that when I stuck to my position and they realised they were wrong, they then just bought it off. I got £750 in two payments for serious service errors by them, and they actually paid more than I claimed in what seemed to be a panic to see an end to it.
I rather suspect that here with the aid of Which lawyers something similar happened.

 

[ProfJohnL]

I do agree the reported outcome is surprising. but the principal demonstrates the potential effectiveness of using the tools available to the consumer.

 

[Notmyvan]

I was nearly able to return a Hyundai Terracan I bought last year. OK it was a 2005 model but it was up for sale at a main dealer and it was one owner with low mileage. I bought it to tow a caravan.

Unfortunately 60 miles after I bought it I was reversing and the steering wheel "locked" (the power steering did not turn the steering wheel) with brute force I was able to turn the wheel about 6 inches when the power steering kicked in again.
I took it back to the garage (under warranty) and they were unable to find fault.
Took it back to Hyundai and they were also unable to find what caused it.
Spoke to Which Magazine about rejecting it, It turns out that the only chance anyone has of rejecting a car/caravan etc is as Which Legal said about this case
"The owner did need an independent assessment by a caravan specialist to confirm the defects before it finalised the refund"

 

[Notmyvan]

Can you supply more details or a link as I would like to see far more details of this.
I assume these were not minor faults but a series of continuing problems with at least some serious.
As I understand it the CPA allows you to reject the goods if faulty in the first month, or if faults reported in the first month are not repaired to a satisfactory standard. I cannot find anything to say faults arising in the second year allow rejection.
You refer to the Consumer Credit Act so the claim was presumably against a finance company and not the dealer. That may be the stronger act, although I am surprised they paid the full purchase price as they are allowed to deduct a reasonable sum for the purchasers use of the product. Finance companies are generally bigger and stronger than caravan dealers and are generally the better route when pursuing a claim.

I am reluctant to put further details. as follows. When I joined this Practical Caravan Forum I noticed that someone had put a comment which "Named & Shamed" a particular caravan dealer and his posting was removed.
Although the Which Magazine actually gives the make and model of the caravan they dont actually mention the name of the dealer who refused to do the work. I can if I am permitted put the make of the Caravan.
I used to go boating and went on the Practical Boat Owner forum where if you had poor service or bought something which was faulty you could state the name.
Perhaps someone could enlighten me if I can put the Make & Model etc.

 

[otherclive]

Make and model okay. Naming companies ie dealerships who you may be in dispute with breaches forum rules. The Forum rules and etiquette are posted in the topics if you go to Forum home and go down the list of topics.

 

[Parksy]

The rule is that if you are in dispute with a company or service provider you should take the matter up with them.
Giving the make and model of caravans or vehicles is fine.
Many would agree that 'naming and shaming' on the forum would be a good thing but we can only ever get one side of the story.
In the interests of fairness details of the problem can be given but not the company or person involved.

 

[Raywood]

Not sure the make mattert as they all turn out some problem models. The claim seems to have been made against the finance company, so it is the principle and basis of the full recovery that looks relevant.