Hello Ray and Rooster,
(OrIginal written 27th Dec revised 28th)
The problem I have with this thread is that we have a report of a caravan with symptoms, which are apparently very similar to the symptoms expressed by other caravanners. Now on the face of it it seems likely there may be a common cause, but it seems no professional engineer or surveyor will put there name to a report that conclusively links the effects to a common cause, AND define the cause to be either faulty design, workmanship or materials. Without that categoric confirmation no-one can move forward on SoGA yet alone a class action.
This begs the question as to why no professional will attest in this way. By all accounts there have been ample opportunities for them to do so, so in the absence of any documentation I have to assume the case is not as clear cut as TR and other aggrieved caravanners seem to think it is.
If such a fault was identified as the underlying cause of the symptoms then SoGA should not fail. If it does fail then perhaps its on some technicality of which we have not been appraised.
As we have stated in other threads, SoGA only involves those parties in the contract of sale, and in the case of caravans that almost exclusively excludes the Manufacturer. So the manufactures intransigence to these issues cannot be allowed to affect the outcome of SoGA actions.
Again, I have only seen reports of what is claimed the manufacturer has stated, so I don't know if they are accurate or complete, I am mindful of the fact the reports I have seen have been exclusively from caravanners who have an issue with their caravans. But in matters such as these, a manufacturer may take a commercial decision on how they intend to respond to a complaint, but if it is an effort to frustrate or prevent further claims, they cannot claim it to be a FINAL decision, because a court order can superseded it. And in any event their decisions cannot be used to predefine a SoGA outcome.
Whilst I find the reports of the manufactures explanation of the symptoms to be unrealistic (see earlier posting) and their intransigence to appear arrogant, I am very mindful of the fact I do not know if I have all the Facts. But assuming there is reasonable truth in the reports I do think the manufacture should review their reported position again.
What is the best route to a remedy for caravanners? That depends on what you are trying to achieve. Essentially most caravanners will be looking to get their own problem resolved, either by repair or replacement. This is best served by SoGA.
If as seems to be the thrust of TR's posts, you are trying to change the manufactures design, or admit there is a design fault then the most direct way is through a Class action. But if sufficient successful SoGA claims against dealers were made, the message would eventually get back to the manufacture as dealers will steer customers away from caravans that appear to have a bad reputation.
SoGA is comparatively cheap short process with only a small financial risk, Class actions are very expensive to execute, with the possibility of being saddled with the manufactures legal costs if you fail.
Rooster, As I have previously stated, I have chosen PC as my preferred single method of communication on these matters. If other caravanners wish to engage in sensible debate on this subject they are welcome join this forum.