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spen 10k on caravan,now park wont let us use it

we purchased a caravan in sep 2010 from a well known holiday park, we are a large family that over occupy the van, we have a seriously disabled child that requires 24hr care so we need extra adults on hand, but we were told this was ok and even gave us an 8 birth inventory to entice us to buy the van. but when the park reopened in march 2011 we were approached by security and told to vacate the park as it was dangerous for us to stay in the van due to over occupancy & ventilation. When we confronted the sales team they admitted they didnt think it was a problem and lots of people do it but as a fellow caravan owner had lodged a complaint (purly on the amount of people in our van) they had to take it seriously (we have this conversation recorded). As it was there mistake they would give us a bigger van to the same or greater standard & value. they have taken away our 10k van a given us a bigger but older van that is FULL of mould & rotton, it is dangerous and we cannot use it or rent it out (we had been able to rent out our previous van to help with site fees) our 2year old has asthma which is MUCH worse when we have been at the van. I have writen a letter of complaint to the owner of the park but this has just been passed back to the sales team who insist they have done everything for us and that we simply shouldnt have brought the van in the first place. I dont know where to go from here
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Comments

  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What do you mean 'given us a bigger' was there no paperwork or accceptance of this second caravan? Did you get chance to inspect before accepting it in its current condition?
  • codycat
    codycat Posts: 10 Forumite
    they exchanged our 2006 6 birth for a 2004 8 birth with the prommis of erecting bunk beds to turn it into a 10 birth, the size of the van was never an issue for us and were were happy in our old van ( they are mostly kids and they are more than happy to top n tail). they also moved our pitch and basicly hidden us among the vans they let (its a big park with 3 parks linked) the van was viewed before the keys were swapped but we were prommised that curtains/cushions/carpets and even a wall would all be replaced and they would make in all good. so keys were exchanged but on the condition all thses things would be done and they havnt nearly a year later
  • boobies
    boobies Posts: 283 Forumite
    This sounds like there is fault on both sides. What is your original contract for?
  • codycat
    codycat Posts: 10 Forumite
    our origional contract was for a 6 birth static caravan which had 3 years left that it could be rented out through the park (they dont allow you to rent them out when the van is over 7 years) on a pitch we had chosen, we paid 10k cash,they gave us an inventory for an 8 birth van & me my husband and all 8 of our children were present at all the meetings. they issued all the passes for the swimming pool ect,
    we honestly arnt bothered about the size of the van and have never asked for anything more than we origionaly purchased, we arnt out for compensation, we just want a van we can use that is safe with the origional rental period
    now we have a mouldy van we could have picked up from ebay for about 4k
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    So you had 12+ people living in a 6 berth caravan? (ie 8 children + 2 parents + some adult helpers)
  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you have any written documentation of the repair work being carried out by the company in the exchange deal?
  • codycat
    codycat Posts: 10 Forumite
    no not written, we only have the conversations my husband reccorded on his phone :-/
    im so angry with him for not getting it in writing before swapping over the keys but because hes true to his word he seems to think everyone else is too :-/
    yes there me my husband 8 kids and my mother-in law, our little boy likes to keep us on our toes with unplanned hospital visits so shes there to help out. but this was all discussed with the sales team before we brought the van, we had been turned away from other sites due to there being too many of us, we were upfront and honest and we were told it wasnt an issue.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    codycat wrote: »
    ...it is dangerous...

    That sounds like good grounds for a case - what is your evidence that it is actively in dangerous condition?
  • elvis86
    elvis86 Posts: 1,399 Forumite
    So the caravan was a 6 berth.

    The Sales Team gave you written confirmation that it was an 8 berth.

    There are actually at least 11 of you staying in the caravan.

    Is there something in your contract that stipulates that caravans cannot accomodate parties which exceed the number of berths?

    If so, then whilst you really should've picked this up before you signed the contract and handed over £10k (a lesson learned?!), their Sales Team have behaved really dishonestly.

    I'd seek legal advice.
  • codycat
    codycat Posts: 10 Forumite
    i have taken photos throughout the van, there is thick black mould throughout the van, i have looked into this and it can cause a variety of health problems. there is also the fact that they put us at risk in the first place selling as a van knowing it would be over occupied, we have since learnt that insufficant ventilation could have caused death.
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