Upholsterey

gyp

Oct 13, 2010
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0
18,530
Ordered a new Bailey Pegasus Genoa at the show a year ago from a local dealer .This arrived in December and we got to use it in Mid April due to numerous family problems whch continued formost of the year. By July we had managed only 34 days and it was apparent that the upholsterey was of poor quality.. we talked to our dealer who was very good and the main seat pads were returned to the upholsterey manufacturer by arrangement with the caravan manufacturer. The foam did not recover after sitting on it and the cloth material showed much stretching and creasing , and looked as if the van had had a lot of use over many years.
These were refilled with a better foam and returened to us although the stretched material still looked very poor and appearedto loose and creased .
We were asked to try it for the 8 days we had booked away and let the dealer know how we found it.
On return we felt that the upholsterey was still unacceptable as all of the seating and the back rest looked as if we had badly made loose covers ourselves .all the upholsterey is now back with the dealer and upholsterer and we have said we are not happy as it is the worst we have ever had and we need to have a sensible resolution.( t the dealer Has a 5 year old well used caravan of the same model in the yard with upholeterey that is much much better than ours )
Now awaiting news some 4 weeks after returning it.
With all the problems we have had with medical and accident issues this year , this is the last thing we needed.
Hoping to get to the show next week and get some reaction from the manufacturer ( If I'm lucky)
 
Nov 11, 2009
17,504
4,813
50,935
gyp said:
Ordered a new Bailey Pegasus Genoa at the show a year ago from a local dealer .This arrived in December and we got to use it in Mid April due to numerous family problems whch continued formost of the year. By July we had managed only 34 days and it was apparent that the upholsterey was of poor quality.. we talked to our dealer who was very good and the main seat pads were returned to the upholsterey manufacturer by arrangement with the caravan manufacturer. The foam did not recover after sitting on it and the cloth material showed much stretching and creasing , and looked as if the van had had a lot of use over many years.
These were refilled with a better foam and returened to us although the stretched material still looked very poor and appearedto loose and creased .
We were asked to try it for the 8 days we had booked away and let the dealer know how we found it.
On return we felt that the upholsterey was still unacceptable as all of the seating and the back rest looked as if we had badly made loose covers ourselves .all the upholsterey is now back with the dealer and upholsterer and we have said we are not happy as it is the worst we have ever had and we need to have a sensible resolution.( t the dealer Has a 5 year old well used caravan of the same model in the yard with upholeterey that is much much better than ours )
Now awaiting news some 4 weeks after returning it.
With all the problems we have had with medical and accident issues this year , this is the last thing we needed.
Hoping to get to the show next week and get some reaction from the manufacturer ( If I'm lucky)

Sorry to hear of the problem with the caravan. Your dealer seems to be providing a good service but the problem appears to be Baileys choice of upholstery and filling for the seats. I’ve read in other sites of problems similar to yours and one owner eventually got the dealer to fund a complete refit of upholstery custom made by an independent specialist company. Whether the dealer obtained some redress from Bailey I cannot recall.

PS not just a Bailey problem as Coachman seem to be affected too.
This link gives more background. One is on the fourth set of seats.

https://www.caravantalk.co.uk/community/topic/126927-faulty-front-seats/?page=2
 
Mar 14, 2005
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2,400
50,935
Hello Gyp,

I strongly urge you to find out about the Consumer Rights Act 2015 (CRA) as this matter is classic case for it.

There is an important difference between who is responsible for a fault and who may be liable for it. In essence legal liability follows the contracts of sale, and in this case your dealer is liable to you for faulty goods, even though they may not be the architects or cause of the problem. They are liable becasue the law says the must not sell faulty goods. It is their job to ensure products they retail are fit for purpose.

So who is responsible if the cushions are faulty? That depends on what the fault is. To understand that requires some knowledge of the design process of the caravan.

When a caravan is designed, teh designer will produce a specification for the cushions. That should include durability requirements, as well as materials and size. Depending on the relationship between the caravan manufacturers and the upholsterer, there may be some discussions about the final agreed specification, but ultimately the caravan manufacturer will have received samples, and they will have had the opportunity to test them before accepting them and their specification for production quantities.

Providing the upholsterer continues to produce the cushions to the agreed specification, then any failures due to inadequate design are the responsibility of the caravan manufacturer. Whether they'll admit it in public is another matter.

If the upholster changes their product so the specification is not met, then the responsibility is the upholsterers.

Where does that leave you - sadly no better off becasue they are likely to continue to argue about whose liable for months to come.

But all is not lost. Because you purchased the caravan from a dealer, you do have a contract with them ( and or possibly a finance house if your used credit) Your contract has by law to be governed by the provisions of the CRA which constitutes your Statutory rights, which as every manufacturers guarantee should tell you are unassailable.. and I do recommend you read up about it - becasue its a real game changer for you.

In simple terms the seller (Dealer) must not sell you brand new goods that are faulty by design, materials or workmanship. They must be as described, durable and fit for purpose. If the goods exhibit any such fault within:

30days of completion of contrcat, you have the automatic right to reject the goods and call for a full refund or FOC replacement or you could opt for a repair.

If the fault arrises within the first 6 months of ownership you have the right to reject to goods for refund less any use you may have benefited from. You could opt for a replacement, or a repair.

If the fault arises more than 6 month up to 6 years (in England 5 years in Scotland) you have to be able to prove the product was faulty or inherently faulty at the time of purchase, and you might receive a refund less the use you have had or a repair.

The Seller only has ONE chance to effect a repair, if the repair is not successful or is blatantly obvious you have access to further provisions for redress in the Act.

This act is a powerful piece of legislation and seeks to support your statutory rights - I must also say it is not there to punish sellers, only to ensure fair and equitable solutions.

One important point is that faults reported under the CRA do not have to be approved or accepted by manufacturers before your remedy is started or fulfilled by the seller
 

gyp

Oct 13, 2010
46
0
18,530
Thanks to both for your replies.
The link to another forum is very interesting and worryingHowever will see what response we get from our dealer.
The legal help penned by prof is very helpful and I will read this up in anticipation of further discussions.
Thanks
Gyp
 

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