Van pdi'd but no damp check

[Raywood]

The rejection period is only one month. After that for the next six months you can ask the retailer to replace or repair the problem. The point here though is that this may be residual damp after the repair and so may not be a fault. This is something I have not met before and why I think legal advice is needed here

 

[Buckman]

The rejection period is only one month. After that for the next six months you can ask the retailer to replace or repair the problem. The point here though is that this may be residual damp after the repair and so may not be a fault. This is something I have not met before and why I think legal advice is needed here

That is incorrect as you can reject a caravan within the first 6 months if the dealer has had one chance at a repair and the repair has failed again. You can then request a replacement or refund. CRA 2015 S19 cl (3). S20 Right to reject and S22 Time limit for short-term right to reject. We rejected our caravan at 11 months and got a full refund plus compensation for lost holidays and fitment of motor mover etc.

 

[GeorgeandAde]

Thank you Buckman

 

[Dustydog]

The rejection period is only one month.
This was a new consumer protection created by the CRA 2015. The caravan can be rejected for no reason at all within the one month. Known as the short term rejection.Check Buckman’s link for the full detail.

 

[Buckman]

The rejection period is only one month.
This was a new consumer protection created by the CRA 2015. The caravan can be rejected for no reason at all within the one month. Known as the short term rejection.Check Buckman’s link for the full detail.

I posted the link showing that between the 30 days and 6 months from delivery that you can reject however after the 30 days and within the 6 months, you need to give the dealer one chance at a repair. See S19 clause (3). As said we rejected at 11 months brand new caravan.

 

[Raywood]

I did some research and thought carefully about the position before writing on this case.
The automatic right of rejection is only for faulty goods except for mail order and one or two other things, but certainly does not apply to caravans bought from a dealer.
To reject within thirty days you have to show that the goods are faulty, but this might be difficult here as we simply do not know if the repair before taking possession was successful and this is residual damp that will dry out or is it a fault and there is still water ingress. If that repair was successful then the caravan is not faulty.
We also do not know if the thirty days to reject have expired, but I suspect it has, in which case the only recourse is to require the dealer to repair if the damp persists and rejection can then only be if the repair is faulty.
This one is not straightforward, and this is why I suggested legal advice rather than be too pedantic.

 

[Buckman]

I did some research and thought carefully about the position before writing on this case.
The automatic right of rejection under the CPA is only for faulty goods, except for mail order and one or two other things, but certainly does not apply to caravans bought from a dealer.
To reject within thirty days you have to show that the goods are faulty, but this might be difficult here as we simply do not know if the repair before taking possession was successful and this is residual damp that will dry out or is it a fault and there is still water ingress. If that repair was successful then the caravan is not faulty.
We also do not know if the thirty days to reject have expired, in which case the only recourse is an exchange which is difficult with a second hand caravan or a repair.
This one is not straightforward, and this is why I suggested legal advice.

You are partially correct as you can order a caravan and then reject it before delivery and get a full refund if the deposit was paid over the phone. It does not matter how minor the fault is, but within the first 30 days you can reject the caravan for a full refund. BTW most damp issues are an inherent fault so would probably be covered for years not just a couple of days. The 30 period starts after you take delivery of the caravan and any repair prior to this is of no concern to the consumer.
Are you also aware that if you report a fault on a caravan within the first 30 days, that period is suspended until the caravan has been fixed to the satisfaction of both parties. Thus 3 months later you could still be within the 30 day period. Same applies if after the 30 days and within the 6 months.
In this case the caravan was purchased in December so the 30 days would have passed however the caravan can still be rejected if within the first 6 months and the dealer has had the chance to do a repair within a reasonable time and failed.
I have posted all the links and if used correctly the legislation is on your side. We did not use a solicitor but got legal advice from Which Legal Services and took on the dealer and the finance house and won.

 

[GeorgeandAde]

Thank you.
Very informative information.
I think my best way forward is to accept that the dealer has attempted repairs before I purchased it.
I will continue to take damp readings over the coming months(I will obviously bear in mind when the 6 months ownership expires).
I really hope that there will be no more water ingress in this location and we can continue to enjoy many holidays in it.
My only gripe is,,,in my opinion,the dealer has made a really poor job of applying the sealant,plus I believe the water has got in along the top of the toilet cassette door.
Ive seen strips which have been fixed over the top of the door to divert water away which I thought the dealer may have done.
Having said that,there's nothing stopping me from doing this.
Anyway.....thank you so much for your help and I will report back on here from time to time with damp readings.

 

[Buckman]

As suggested for your own peace of mind, put it in writing to the dealer just in case it does become an issue. You are then covered. If no issues then no worries.
After all you have put your hard earned cash into the dealer's hands and it is their responsibility to ensure that they comply with CRA 2015

 

[GeorgeandAde]

Will do.
Thank you

 

[GeorgeandAde]

Sorry....forgot to add...
From the info you kindly gave me,am I right in saying that once I deliver the letter to the dealer informing them of the problem,the term time between 30 days and 6 months is then "frozen"until I am happy that no more water is seeping into the van?
Obviously,I need to be realistic with the time scale to wait.
If readings do increase,I then give the dealer a chance to rectify the problem?

 

[Raywood]

What you must do is make sure the problem is brought to the dealers attention before the six months expires if the damp does not dry out

 

[Raywood]

You are partially correct as you can order a caravan and then reject it before delivery and get a full refund if the deposit was paid over the phone. It does not matter how minor the fault is, but within the first 30 days you can reject the caravan for a full refund. BTW most damp issues are an inherent fault so would probably be covered for years not just a couple of days. The 30 period starts after you take delivery of the caravan and any repair prior to this is of no concern to the consumer.
Are you also aware that if you report a fault on a caravan within the first 30 days, that period is suspended until the caravan has been fixed to the satisfaction of both parties. Thus 3 months later you could still be within the 30 day period. Same applies if after the 30 days and within the 6 months.

I do understand the first point but that is not relevant here.
The fault has to be relevant for a rejection and very minor faults would not be accepted. We did get the last caravan and found the aerial was not connected to the amplifier, this was simply a matter of pushing the connections together and while a fault it would never get accepted as a rejection. The grounds do have to be reasonable.
I know that if any fault is found in the first 30 days and you allow a repair then you can still reject it if it is not repaired correctly. It is not however to your satisfaction as that requires a judgement and you might be unreasonable in what you accept. It has to be repaired to the appropriate standard which in the end would be up to the courts to decide.
We do seem to be getting a bit involved on this subject, as these points are not relevant here.

 

[GeorgeandAde]

Thank you Raywood.
Yes,it is getting a bit involved now and I realise every case may be different.
Thank you(and others)for your great advice.
I pop over to van next weekend and take damp readings.
If they have dropped a little,maybe their "fix"will suffice and I will continue with damp readings for the foreseeable future.
If however,next weekend they have increased,I will deliver a letter to them as you suggested and see what their response is.
Thanks once again everyone.

 

[GeorgeandAde]

Just a quick update.........

Went to storage compound today and took more damp readings(bearing in mind the weather has been very damp the past few weeks).
1st reading was down by 5% and second reading by 4%.

Seems like there has been no more water penetration here so its heading in the right direction.

I will take more readings in about 4 weeks time and if the readings are still dropping,it looks like the dealer did make a good job of sealing.

In 4 weeks time,I will take readings everywhere I can and hopefully,all will be fine.
Thanks once again for all your help.

 

[ProfJohnL]

I'm impressed with the replies you have already had. The CRA is a quite powerful piece of legislation, and it does level the playing field, but is isn't always easy .

Please remember the CRA is not designed to give the customer the right to an unfair advantage, only to reinforce good sensible trading.

There is one other thing I suggest. It all depends on what questions you asked the seller before you agreed to purchase, and how the caravan was described to you.

If you asked "Is the caravan dry?" then the dealer may have been able say "yes", becasue it had been repaired and at the time might have been dry, but if you had asked "Has the caravan had any issues with damp?" the seller should be honest and have revealed it.

If you were deliberately misled about the condition of the caravan, then the seller would be in breach of contract and you would have the right to reject.

 

[GeorgeandAde]

Thank you Prof.
Im really hoping that this will not have to go down the CRA or other routes as we really love the caravan and hope everything turns out ok in the end.

This was the 3rd caravan we have purchased from this dealer over the past 12 years and up to now,they have been fantastic,both in the quality of the previous vans and the way we have been treated.

The day we went to view our present caravan,it was absolutely pouring with rain and to be honest,really only focused our attentions to the interior/layout/condition...etc..

I realise now that I should have asked important questions with the salesman (he sold us our 2 previous vans) and not just took it for granted that all was ok.
(A valuable lesson learned I think)

I do realise that my damp meter is no where as good as the professional ones,but I think it should give me a good idea of which way the readings are going.

After today's news that caravan clubs are closing today until June 30th(,I totally agree with their decision) it will give me plenty of time to clean,polish and get it looking really nice for when we can begin using it.

Im really gratefull for your and everyone's advice on here.......thank you.

 

[Notmyvan]

Recently purchased a 2013 caravan from my local dealer and was just looking through the pdi check sheet.
Ive just noticed that the "Damp Check" box has not been ticked.
Is this normal practice for a dealer?

I have not yet bought a caravan and find these comments useful.
With the mention of damp in caravans and not being checked by a dealer or PDI it reminds me of a boat I had bought and I looked on the service sheet for the engine and it showed under Impeller (engine water pump) that it was "satisfactory" I thought that the mechanic would have put that as it was a 2 hour job to replace it. When removed it was on the point of failing.
So when I do buy a caravan later this year, hopefully this virus thing may be short lived, having damp checked will be essential.