Black horse loan on faulty caravan

harrysmum08

Hello all,

Last year we purchased a new caravan on HP - the previous one had been PCP and rather than pay the bubble payment, we upgraded. Thanks to 'Rona, we couldn't pick it up until June, and then the first trip was August. After a week or so, I noticed water leaking through into main area from the shower. We hunted for the leak but couldn't find anything obvious. We contacted Swift who sent an engineer to have a look once we were home, but he said without being connected to water there was no way of checking, and due to the various stages of lockdown etc we haven't been in a position to get it to an open caravan site! So a couple of questions:

Is there any way of us handing the caravan back with no penalty because it's not fit for purpose?
How can I push Swift to help us get it fixed? We have had trouble with them in the past, and I am already worrying that they will say that due to time passed, it's not their issue. 

Thanks for reading - hoping someone can help!

DrEskimo

Brand new, or new to you?

Did it come with any sort of warranty?

I take it Swift are the finance company right? 

Why are you jumping straight to rejection for a leak when you haven't even taken the steps to see if it can be fixed? Until then, there isn't much chance of starting any rejection process.

The fact you haven't been able to make use of it due to COVID is irrelevant....

harrysmum08

Brand new and yes under warranty. Swift are the caravan company - black horse are the loan company.

I like to know what all the possibilities are - forewarned is forearmed....

It's nog the lack of use that is the issue - it's that we haven't been able to take it somewhere for the engineer to look at it that was the issue. He insisted on it being on a caravan site - but they haven't been open due to COVID. It's nothing to do with us going on holiday lol. 

DrEskimo

It's under warranty, so they can't just say they won't fix it.

Depending on when you first reported the fault, will depend on the steps before you can request rejection. If it was within the first 6-months then you have to give them a reasonable chance to fix it and it has to be a significant issue.

You will need to go through Black Horse to request the rejection though, as they own it.

macman

Why does it have to be on a site in order to leak-test it? It should be simple enough to do that with a garden hose held over the roof...the point of entry can't be that hard to find. Probably just needs a seal replacing. 
If you've already reported the fault within warranty (in writing), then the repair should be made now, even if the warranty period has expired.
Wanting to reject it for this reason alone is a complete over-reaction.

pbartlett

"garden hose held over the roof.." Or does the OP  mean the water is leaking in from when the shower in being used eg the shower tray seal is leaking or similar?

macman

Yes, thanks, you are correct-the leak is internal. But the principle is the same: all they need to do is have the water tank filled and power hooked up to the caravan to test the shower, which should be possible from home, assuming that is where it is. 
Even if there is no access to hook up power, my suggestion of using a garden hose to do the leak test is still valid. The leak can only be through the shower unit walls or through the tray at the base, or (less likely) through the supply or waste plumbing. This really isn't rocket science.

harrysmum08

Thanks.  It has already been looked at by two engineers who cannot find the origin of the leak. It is when someone showers and it leaks into the main compartment, as explained in the original post.  And no it is kept in storage where there is no access to power or water. Unfortunately this is the second caravan from Swift - the reason we exchanged the last one was because of the number of recalls we had to have fixed.

Macman I don't know if you mean to be rude with comments like 'overreaction' and 'it really isn't rocket science', but I don't think it is necessary. The reason I am asking these questions is because I am trying to establish what my paths are. Please don't assume that here is my first port of call - I came to MSE forum because I was hoping to get help with the legal side of things, not because I need to know how to fix a caravan. We have followed all the usual paths, none of which have been helpful. This is partly because of the current climate we find ourselves in. 

Aspiration

Morning,

Just thinking to avoid anyone coming back saying you’re now out of warranty etc, do you have it in writing that they cannot fix it until on site? 

pbartlett

in order to directly answer your original question, no - i doubt if a shower leak is enough to be able to hand the caravan back.

sourcrates

A water leak in a wooden structure, can be a substantial problem, and obviously makes it unfit for the intended purpose.

This is taken from the Practical Caravan website -

How to begin

Rule number one: going to court is your last resort. It will cost you a lot of time and money, and the outcome is very often uncertain.

Remember, if you do end up in court, your actions in these early stages may come back to haunt you. So don’t get mad – your end goal is to get even. Begin by putting your complaint to the seller, in writing. Set out in detail what is wrong and why they should compensate you. Give the seller enough time to respond, and the chance to investigate your complaint. Don’t be fobbed off by a seller who says that the manufacturer or supplier is to blame: if selling that product is their usual business, they are responsible for any defects.

At this stage, be open to resolving your dispute by negotiation, mediation, arbitration or some other means.

Knowing your legal rights should make the seller take your case seriously.

 

Your rights

On 31 March 2003, a European directive came into force which improved your rights. On that date, the Sale and Supply of Goods to Consumers Regulations 2002 updated the Sale of Goods Act 1979 so that the seller now has to repair or replace your vehicle if it is defective.

If this is impossible, too costly, or cannot be achieved in a reasonable amount of time, you are entitled to a price reduction. You are also entitled to return the vehicle and have your money refunded. You have the same rights if repairing or replacing the vehicle causes you major
inconvenience. In short, you no longer have to rely on the dealer’s goodwill.

Likewise, the courts can now force a manufacturer to live up to its guarantees and warranties. Changes in March 2003 included another important right, too: if a defect appears within six months of your having taken delivery, the law assumes it was there when you bought the ’van, unless the dealer can prove otherwise.

 

If it goes to court

If all negotiation with the seller fails to satisfy you may, reluctantly, go to court. You start by issuing a claim form in your local county court. If you are claiming £5000 or less, you can obtain a hearing before a district judge in the small-claims court. If you are claiming more than £5000 but less than £15,000, you are put on the ‘fast track’ – which is not as quick as it sounds, and can be expensive.