Faulty Caravan - Refund refused

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  • forgotmyname
    forgotmyname Posts: 32,518
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    dentsp wrote: »
    Hi, thanks for the reply. We paid £15,500 by bank transfer and the faults we have had so far are:

    Some other side of the fence thoughts.

    Roof leak 3 times despite repairs. Leaks can be a pain to replace

    Water heater no longer works. Did you switch it on before priming?

    Brakes faulty. What is actually wrong with the brakes?

    Leisure battery faulty. Whats wrong with it? Is the charger working? Are you pulling more power than the charger puts out?

    Broken bed. Was it broken when your bought it? How did it fail? Ive broken a caravan bed. Messing about with the kids and the lip failed, not a desighn flaw but misuse.

    Wet room floor floods as drain is higher than floor level. Presume it was higher than the floor level before you bought it?

    Numerous internal lights not working. Replace the bulbs?

    Room divider fell apart. Define fell apart. What material?

    Door locked itself and we had to break in. How did it lock itself? Whats faulty?

    We have given them 4 opportunities to repair faults but more keep happening every time the caravan is used.

    OK i typed all that and my message is too short :)
    Censorship Reigns Supreme in Troll City...

  • david_a
    david_a Posts: 170
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    Firstly nothing bought from a dealer can be sold as seen. The dealer knows this hence why he had made repairs.

    After 30 days the onus is on the dealer to prove the faults were not there when you purchased the caravan. As you say "more keep happening every time the caravan is used" suggests that they were not.

    If the company were to offer a refund I know with a car they can deduct for usage, not sure about a caravan. However I expect the refund would only be for the caravan not the extra work.

    Personally I would keep communications civil and rely on the dealers goodwill.
  • unholyangel
    unholyangel Posts: 16,863
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    david_a wrote: »
    Firstly nothing bought from a dealer can be sold as seen. The dealer knows this hence why he had made repairs.

    After 30 days the onus is on the dealer to prove the faults were not there when you purchased the caravan. As you say "more keep happening every time the caravan is used" suggests that they were not.

    If the company were to offer a refund I know with a car they can deduct for usage, not sure about a caravan. However I expect the refund would only be for the caravan not the extra work.

    Personally I would keep communications civil and rely on the dealers goodwill.

    (10)No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—

    (a)the goods consist of a motor vehicle, or
    (12)In subsection (10)(a) “motor vehicle”—

    (a)in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988 (see sections 185 to 194 of that Act);

    (b)in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI 18)) (see Parts I and V of that Order).

    (13)But a vehicle is not a motor vehicle for the purposes of subsection (10)(a) if it is constructed or adapted—

    (a)for the use of a person suffering from some physical defect or disability, and

    (b)so that it may only be used by one such person at any one time.

    So basically (if memory serves) "a mechanically propelled vehicle intended for use on the roads".
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • m0bov
    m0bov Posts: 2,519
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    OP needs to send a letter before action, detailing the faults, timeline and the repairs received. Its a criminal offence to deprive a customer of their legal rights. It might do well to remind the company, in polite terms, of this.
    I don't think you can push for a full refund, but if your unable to use the caravan and its not of satisfactory quality for the price paid and age, then you would have a claim. Give them 7 days to respond. I would also speak with CAB. Do you have legal cover for your home insurance? Union? There a lots of solicitors who offer x mins of free telephone consultancy out there.

    If you suffer any consequential losses (missed holidays, petrol for travel) then claim for this also.

    If you don't hear anything, then open a moneyclaim online. Good luck.
  • bryanb
    bryanb Posts: 4,988
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    So basically (if memory serves) "a mechanically propelled vehicle intended for use on the roads".

    The OP states it is constructed or adapted for wheelchair.
    This is an open forum, anyone can post and I just did !
  • unholyangel
    unholyangel Posts: 16,863
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    bryanb wrote: »
    The OP states it is constructed or adapted for wheelchair.

    Sorry but failing to see the relevance of what you've said. Can you elaborate?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bryanb
    bryanb Posts: 4,988
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    Sorry but failing to see the relevance of what you've said. Can you elaborate?

    Seems to me it's not a mechanically propelled vehicle - Para 13 of the post you quoted.
    This is an open forum, anyone can post and I just did !
  • unholyangel
    unholyangel Posts: 16,863
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    edited 10 October 2016 at 3:59PM
    bryanb wrote: »
    Seems to me it's not a mechanically propelled vehicle - Para 13 of the post you quoted.

    How does something being wheelchair accessible have any bearing on whether its a mechanically propelled vehicle or not?

    You need to read the second part - so it can only be used by 1 person!

    ETA: The exemption is so motorised wheelchairs are not considered motor vehicles for the purpose of the act. Not so that anything wheelchair accessible is exempt.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bryanb
    bryanb Posts: 4,988
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    How does something being wheelchair accessible have any bearing on whether its a mechanically propelled vehicle or not?

    You need to read the second part - so it can only be used by 1 person!

    Sorry, missed that it's a & b.

    No idea how w/c accessible affects whether it is or not, I just looked at the quoted rules
    This is an open forum, anyone can post and I just did !
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