Caravan fault after fault need advise on rejecting

Tii

Hi all, this is my first post so please be gentle

I purchased a new caravan in April 2017. When we collected the caravan there were faults and concerns with it. These were logged and listed via email and the dealer agreed to repair and replace some items in question on the day and later. One fault was a stiff main door lock. They sprayed oil in it on the collection day and also agreed to order a different key to make it easier to operate. In June the barrel of the lock disintegrated and we had to get a local dealer to replace one to meet my insurance requirements. Later that month the caravan was taken back to the dealer to address all the other faults raised including replaceing the barrel so the one key does all. During this time some but not faults were addressed and we were told parts needed to be ordered. We had a holiday booked so agreed to return the van after. As a result of lots of poor communication and delay due to parts not being ordered when I was told they were the caravan did not go back until Feb 2018. During this time they only managed to fix some faults again after 6 weeks and we needed the caravan for an Easter holiday so took it back in vue of returning again. During the Easter holiday the heating (wet central heating type) had no fluid so I topped it up per the manual but the level was down again after a day resulting in no heating for the week. Also a panel above the door was loose and had a missing screw and the fly screen was loose from the wall. When we packed the caravan away it soon became apparent the fluid had leaked as it was dripping through the floor onto the ground. Being quite angry at this time I contacted the dealer and requested they look at the caravan. A month later I got a booking and returned the caravan insisting I was able to see them “investigate” the leak. In doing this it was found the technician had put two screws through the heating pipes causing the hidden leak! The repair solution is to remove all the rear furniture and cut away and replace the damaged floor section. I at this point was angry and requested a replacement caravan and they said I was out of the 6 month period and all they could do was do a part exchange for a new caravan costing me £5500. I was not prepared to accept this so started eating the consumer rights act. If this was not enough I noticed a strange defect on the outside and I asked them to investigate. This has turned out to be a major manufacturing defect. The caravan has been deemed in road worthy by the manufacturer and they want it back to repair. I have reached the point where I don’t want this caravan back after it’s close to rebuild and hidden faults. I believe I have the right to reject the caravan but have concerns I hope someone can help with. If I reject the caravan I am concerned I won’t get a full refund as it is past 6 months. They can deduct due to use so could be worse off. I could request a price reduction but would have to take the caravan back. I know they cannot get a replacement 2017 caravan as there are none available so would have to get a 2019 that costs more so would be in a condition of betterment?? The one thing I hope is on my side is this??? The door lock? They had one chance to repair which they did within the 6 month period. The barrel failed again in May this year, same fault. Does this mean I have the right to reject but under the 6 months terms that dictate I must have a full refund as the original fault was found and repaired in the first 6 months or will they still be allowed to deduct for use?
I’m sorry it took so much writing. We bought the caravan with every last penny and wanted none of this but feel we don’t deserve having to take a rebuilt caravan or put more money into it. Hope someone can help

Keep_pedalling

Your carriage return key also needs to be rejected it does not seem to be working.

You might find you get a more sensible reply if you repost that wall of text, but this time using paragraphs to make it readable.

Tii

Sorry for poor editing/slab of text.

I purchased a new caravan in April 2017. When we collected the caravan there were faults and concerns with it. These were logged and listed via email and the dealer agreed to repair and replace some items in question on the day and later.
One fault was a stiff main door lock. They sprayed oil in it on the collection day and also agreed to order a different key to make it easier to operate. In June the barrel of the lock disintegrated and we had to get a local dealer to replace one to meet my insurance requirements.
Later that month the caravan was taken back to the dealer to address all the other faults raised including replaceing the barrel so that one key does all.
During this time some but not all faults were addressed and we were told parts needed to be ordered. We had a holiday booked so agreed to return the van after.
As a result of lots of poor communication and delay due to parts not being ordered when I was told they were, the caravan did not go back until Feb 2018.
During this time they only managed to fix some faults despite having the caravan for 6 weeks and we needed the caravan for an Easter holiday so took it back in vue of returning again.
During the Easter holiday the heating (wet central heating type) had no fluid so I topped it up per the manual but the level was down again after a day resulting in no heating for the week.
Also a panel above the door was loose and had a missing screw and the fly screen was loose from the wall. When we packed the caravan away it soon became apparent the fluid had leaked as it was dripping through the floor onto the ground.
Being quite angry at this time I contacted the dealer and requested they look at the caravan. A month later I got a booking and returned the caravan insisting I was able to see them investigate the leak.
In doing this it was found the technician had put two screws through the heating pipes causing the hidden leak! The repair solution is to remove all the rear furniture, cut away and replace the damaged floor section. I at this point was angry and requested a replacement caravan and they said I was out of the 6 month period and all they could do was do a part exchange for a new caravan costing me £5500.
I was not prepared to accept this so started eating the consumer rights act.
If this was not enough I noticed a strange defect on the outside and I asked them to investigate. This has turned out to be a major manufacturing defect.
The caravan has been deemed unroad worthy by the manufacturer and they want it back to repair.
I have reached the point where I don!!!8217;t want this caravan back after it!!!8217;s almost full rebuild and hidden faults.
I believe I have the right to reject the caravan but have concerns That i hope someone can help with. If I reject the caravan I am concerned I won!!!8217;t get a full refund as it is past 6 months.
They can deduct/reduce the refund due to use so could be worse off. I could request a price reduction but would have to take the caravan back.
I know they cannot get a replacement 2017 caravan as there are none available so would have to get a 2019 that costs more so would be in a condition of betterment??
The one thing I hope is on my side is this??? The door lock?
They had one chance to repair which they did within the 6 month period. The barrel failed again in May this year, same fault.
Does this mean I have the right to reject but under the 6 months terms that dictate I must have a full refund as the original fault was found and repaired in the first 6 months or will they still be allowed to deduct for use?

I’m sorry it took so much writing. We bought the caravan with every last penny and wanted none of this but feel we don’t deserve having to take a rebuilt caravan or put more money into it. Hope someone can help

Greta_Sharbo

Tii wrote: »

. I was not prepared to accept this so started eating the consumer rights act.

Bit extreme.

Have you told them you want to reject and what did they say?

Tii

Not yet as I thought I only have a choice to reject or price reduction and can’t figure out what is best to do.
Once I reject there’s no going back?
I’m worried they could say reduce refund by 2+K and then I am left trying to find more money to buy a replacement.
If I can reject under 6 month rule they legally have to give me a full refund.

Of course I could take caravan back at a reduced price ( partial refund??) then sell it and use that combination to buy another. I have trouble selling caravan on to another family:(
It is a 6 birth family caravan.

Tii

Also forgot to say I bought the caravan using credit card for £1500 deposit on a total of £21,350.

Not sure if section 75 will be more favourable and if credit work with or against me?

tacpot12

I believe you have the right to reject the caravan at this stage. I have arrived at this conclusion on the basis of the number of problems you have had that are still not fixed more than a year after reporting them. (The manufacturing fault that has only just been discovered is somewhat irrelevant, but you should include the details in your claims)

You can ask for a full refund, but I would not expect a court to order a full refund as you have had some use out of the van. Your use has been heavily constrained by the problems you have had and so I would not expect the court to allow much to be deducted for your use (£500?).

You really need a solicitor to help you take this through the small claim court. With luck, simply preparing the evidnce for the court and presenting this to the dealer in a letter before action will lead them to conclude that their case is indefensible and they will cough up the full price or something very close to it.

You should ensure that your solicitor know that you paid the deposit on a credit card. They should be able to help you decide whether to claim against the credit card company or the dealer. Another post on MSE (following a successful Section 75) claim raised the question of who owned the item once the credit card company had refunded the customer their money. Your solicitor should be able to help determine this, so that you are not left with the headache of disposing of the van.

Tii

Would I be able to go through small claims as it is over £10,000?

RADDERS

Tii wrote: »

Would I be able to go through small claims as it is over £10,000?

As you put the deposit on the caravan with your credit card, I would give them a call first think in the morning and hopefully they should help you.

Failing that there are a number of groups on Facebook where I am sure you could get specific advice to help you. I have a Motorhome and there are an awful lot of helpful people on the groups.

Also are you a member of either the caravan club or the camping and caravanning club as they both have legal departments for advice for members.

Tii

Thankyou, I am a member of the caravan club and spoke to their legal department but they could not offer any help and only quoted CRA to me unfortunately

tacpot12

Tii wrote: »

Would I be able to go through small claims as it is over £10,000?

No, the Small Claims Court limit is £10,000, but you can make your money claim online, and it will be assigned to the fast track within the County Court. (The small claims court is also part of the County Court).

The court cost for the claim to be heard is 5% of the claim amount, so you are looking at over £1000 in court fees, plus solicitors costs, which is why you need a solictor to support you, if you do down this route. Enforcing any judgement will add further costs - watch "Can't pay, we'll take it away" on TV for insight as to how the costs of enforcing a judgement can mount up, but ultimately are charged to the losing party.

You should follow the Civil Procedure Rules before opening a money claim. If you do, you will send a letter before action to the dealer. This letter will set out whether you are prepared to use an Alternative Dispute Resolution (ADR) processes. If the dealer is a member of a trade association it may be worth investigating if the association offers a ADR process. See https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

I don't expect your credit card company will be keen to help; they run the risk of losing a very substantial amount of money if they accept your claim, so I think you need advice on how best to approach them. Sorry I can't help with this, but you need to understand how to pin them down into accepting your claim and how they might try to avoid it. According to Which, you can claim off the Credit Card Company even before you are at stalemate with the dealer. So I would contact them as soon as you are well rehearsed in what you will say to them. You might find information on how your particular credit card provider has rejected S75 claims in other cases.