Sprite Major 6 (2013) DAMP DAMP DAMP

[Dizzyj.a]

:evil:
Warning to all !

My van went for it's first service 2 weeks ago for me to be told it had 50% damp, now sprite want it back for 8 weeks to fix the problem!

I have been told by Bawtry Caravan's who serviced it that this years model has had many reported with damp and that sprite are well aware of it, so be careful if considering to buy one...

 

[Wilbury]

Thanks for posting this warning.
What an absolute disgrace.
At least they are doing something about it.
I wonder if they are going to do a recall.
Rgds

 

[Raywood]

I would ask for compensation for the time the caravan is off the road. This is not covered by the guarantee so your claim would have to be under The Sale of Goods Act and against the dealer.

 

[ProfJohnL]

I would ask for compensation for the time the caravan is off the road. This is not covered by the guarantee so your claim would have to be under The Sale of Goods Act and against the dealer.

Hello Ray,
The Sale Of Goods Act (SoGA) is designed to ensure the customer is not left any worse off after the remedy of a fault compared to the another similar customer who has not suffered the fault at all. There is no element of SoGA that guides, governs or directs sellers to make "gestures of goodwill" which is effectively compensation over and above the real losses suffered.

To make a claim for loss of accessibility, you would have to have documentary proof that a planned activity had to be changed with a consequential increase in real provable costs. So for example cancellation fees for pre booked sites or ferries, The costs incurred to move an faulty caravan to the sellers point of sale or repair. Emergency repair call outs. Hire of alternative accommodation if the fault renders the caravan unusable

In all of this SoGA seeks to be fair and not allow any party to gain unfairly as a result of a product fault occurring.

 

[Dustydog]

Hi Dizzy.
How did you pay for the Sprite?
Bank loan Credit card? These give you further protection under the Consumer Credit Act.
Bearing in mind we are now in the main holiday season it will not be unreasonable to request a temporary loan caravan from your Dealer.
I realise the disappointment for you but on the other hand Swift will no doubt do a proper factory repair.
If you have any legal expenses insurance attached to your caravan or home Insurance you may have access to free legal advice.

Good luck.

 

[Raywood]

Prof. I would say that the loss of use even if no holiday is booked would be a reasonable claim if you were likely to use it, you could also make a claim for holidays booked with the CC where you have lost the enjoyment of the holiday. Loss of enjoyment of a holiday, certainly one you have booked is a valid head of claim, and turns up regularly in insurance claims.
Ray

I would ask for compensation for the time the caravan is off the road. This is not covered by the guarantee so your claim would have to be under The Sale of Goods Act and against the dealer.

Hello Ray,
The Sale Of Goods Act (SoGA) is designed to ensure the customer is not left any worse off after the remedy of a fault compared to the another similar customer who has not suffered the fault at all. There is no element of SoGA that guides, governs or directs sellers to make "gestures of goodwill" which is effectively compensation over and above the real losses suffered.

To make a claim for loss of accessibility, you would have to have documentary proof that a planned activity had to be changed with a consequential increase in real provable costs. So for example cancellation fees for pre booked sites or ferries, The costs incurred to move an faulty caravan to the sellers point of sale or repair. Emergency repair call outs. Hire of alternative accommodation if the fault renders the caravan unusable

In all of this SoGA seeks to be fair and not allow any party to gain unfairly as a result of a product fault occurring.

 

[ProfJohnL]

Hello Ray

Prof. I would say that the loss of use even if no holiday is booked would be a reasonable claim if you were likely to use it, you could also make a claim for holidays booked with the CC where you have lost the enjoyment of the holiday. Loss of enjoyment of a holiday, certainly one you have booked is a valid head of claim, and turns up regularly in insurance claims.
Ray

No I don't think so, SoGA wont find unless a loss is actually sustained. If as you say, you were only likely to use it, there is an equal chance you would not have used it so on balance without positive evidence of intended use and costs, there is no loss.
You reference to the CC is not entirely relevant because the compensation scheme they offer is a private arrangement between them and their customers. It is not a SoGA scheme. You could of course consider using SoGA to try and make a claim against the site, but you would have to show the site was in breech of contract, and the danger is you would only receive any payout equal to the cost of the loss of the particular service and that is likely top be much smaller than you think.

Similarly Insurance claims are a private matter for the insurer to decide. the mechanisms and reasons for having insurance are not the same as SoGA.

SoGA is not about a compensation culture, it is about being fair and balanced. That doesn't preclude you using other tactics to try an shame the business into making an ex-gratia payment , but its not SoGA's remit.

 

[Dustydog]

Hi John
SoGa is one thing but don't forget the injured party also has rights in tort.
The test of reasonableness is the deciding factor.
I suspect a Court would take the view that a caravan has been purchased for use rather than long term storage.
I for one often decide to go away at very short notice. The weather plays a part of course.
Thus being deprived of the use of your caravan because of a defect does imo make the dealer liable for alternative hire or loss of use.

 

[ProfJohnL]

Hello Dusty,

I have been answering the suggestion that compensation for unavailability is automatically awarded under SoGA. In my view it isn't and shouldn't be, unless there is evidence to support intended use.

Compensation may be awarded under other areas of law for this situation, or as an act of goodwill, but not under SoGA as no loss will have arisen.

Hopefully this is just an academic point, so I'm going to leave it there.