Brand new caravan lets in water - could anyone advise on our rights please?

JennyP

We bought a brand new caravan last May and within three weeks, noticed that there was water staining on the inside of it. It had obviously leaked at some point when it was raining but we never actually saw it wet. Suspect it happened before we took ownership as it was stored outside at the dealer, but we didn't spot the marks when we bought it. We told the dealer immediately that we suspected a leak. 
In August we saw a wet patch so at that point, we knew there was a leak. Told the dealer  who asked us to return it for repair. 
Just before we dropped it with them, we noticed water ingress in another part of the caravan. 
We've just picked it up again yesterday. They assured us it was fixed and it looked fine when we collected it but when we turned the sofas into the bed last night, we discovered the underside was sodden and the wall was sodden too. In fact, it's worse than ever. 
We really feel that a £25K brand new caravan that leaks water is unacceptable and would like them to take it back and give us our money back. The phrase 'not fit for purpose' springs to mind. But are we entitled to that? We don't have much confidence in the repairs and think some error has happened in the manufacturing and we want rid. 
I'm worried you're going to tell me that no, we're not entitled to take it back. It just seems wrong if we're saddled with an expensive item that developed a major fault within three weeks of our ownership (or had it from the start). We feel a history of damp issues will also massively affect its resale value in the future should we keep it then want to sell it. 

shiraz99

Under the terms of the Consumer Rights Act you have the right to reject it for a refund as the dealer is only allowed a single attempt at a repair. I'm not too sure whether you can ask for a full refund as vehicles are not normally included but I'm not sure about caravans.

JennyP

shiraz99 said:

Under the terms of the Consumer Rights Act you have the right to reject it for a refund as the dealer is only allowed a single attempt at a repair. I'm not too sure whether you can ask for a full refund as vehicles are not normally included but I'm not sure about caravans.

Shiraz, thank you. 
I googled that which led me to a useful article on the Practical Caravanning website. https://www.practicalcaravan.com/advice/know-your-rights-caravan-buying
We just spoke to the dealer who didn't seem surprised and said, 'Put it in writing if it's the rejection route you want to go down.' 
Not sure whether to email them now or whether to take some legal advice first about the wording of the letter since it's such a large amount of money. 

MikeJXE

I found this on a top caravan magazine 

• There is a short-term right to reject a product, but this has to be exercised within a period of 30 days, for goods that fail to conform (that is, goods that are seriously defective).
• There are also first-tier remedies. These require a trader/dealer to repair or replace goods deemed to be faulty. If any non-conformity is not resolved after one repair, or one replacement, or if a new non-conformity arises, there are second-tier remedies.
• Second-tier remedies can be a price reduction, for example, if you decide to keep the product despite its faults. Or you can reject and claim a refund, partial or full. In that case, the dealer might be able to make a reduction for use.
• The 30-day period runs from whichever is the later of the transfer of ownership, or possession, or delivery.

Consumers have a right to remedies both within the initial 30 days and after it. If goods do not conform to contract within the first six months, consumers are entitled to request their repair and/or replacement, because any fault will be presumed to have been in existence at delivery.

You cannot insist on a replacement where it would be disproportionate in terms of the costs of providing any repair.

caprikid1

MikeJXE said:

I found this on a top caravan magazine 

• There is a short-term right to reject a product, but this has to be exercised within a period of 30 days, for goods that fail to conform (that is, goods that are seriously defective).
• There are also first-tier remedies. These require a trader/dealer to repair or replace goods deemed to be faulty. If any non-conformity is not resolved after one repair, or one replacement, or if a new non-conformity arises, there are second-tier remedies.
• Second-tier remedies can be a price reduction, for example, if you decide to keep the product despite its faults. Or you can reject and claim a refund, partial or full. In that case, the dealer might be able to make a reduction for use.
• The 30-day period runs from whichever is the later of the transfer of ownership, or possession, or delivery.

Consumers have a right to remedies both within the initial 30 days and after it. If goods do not conform to contract within the first six months, consumers are entitled to request their repair and/or replacement, because any fault will be presumed to have been in existence at delivery.

You cannot insist on a replacement where it would be disproportionate in terms of the costs of providing any repair.

Personally I would not necessarily trust a caravan magazine that is effectively funded partly by Caravan dealers.

I think I would be speaking to the manufacturer at this point to see what their response was.

Herzlos

I think you've missed the easy opportunity to reject it, by not taking it back to them as soon as you spotted the water after owning it 3 weeks.

So now your best bet is likely to take it back to them now, let them see the damage and ask how to proceed. There's presumably at least 1 years warranty against leaks and you're well within that.

Bring a letter for the rejection and be prepared to leave the caravan with them.

knightstyle

Please tell us the make, model and where the leak is so others can look out for this problem when buying.
I believe leaks in new caravans is much rarer now than 10 years ago as production methods have improved.

shiraz99

caprikid1 said:

MikeJXE said:

I found this on a top caravan magazine 

• There is a short-term right to reject a product, but this has to be exercised within a period of 30 days, for goods that fail to conform (that is, goods that are seriously defective).
• There are also first-tier remedies. These require a trader/dealer to repair or replace goods deemed to be faulty. If any non-conformity is not resolved after one repair, or one replacement, or if a new non-conformity arises, there are second-tier remedies.
• Second-tier remedies can be a price reduction, for example, if you decide to keep the product despite its faults. Or you can reject and claim a refund, partial or full. In that case, the dealer might be able to make a reduction for use.
• The 30-day period runs from whichever is the later of the transfer of ownership, or possession, or delivery.

Consumers have a right to remedies both within the initial 30 days and after it. If goods do not conform to contract within the first six months, consumers are entitled to request their repair and/or replacement, because any fault will be presumed to have been in existence at delivery.

You cannot insist on a replacement where it would be disproportionate in terms of the costs of providing any repair.

Personally I would not necessarily trust a caravan magazine that is effectively funded partly by Caravan dealers.

I think I would be speaking to the manufacturer at this point to see what their response was.

Everything that was quoted from that was correct.; The manufacturer has no liability to the OP other than through their warranty terms.

macman

Ask for a further repair under the manufacturer's warranty. What are the term of that warranty?
Under CRA 2015 you are much too late to reject outright now, that expires after 30 days. The retailer can repair, refund or replace-it's their choice, not yours, and obviously they will want to try to repair again. Probably just a faulty seal, hardly merits total rejection.

shiraz99

macman said:

Ask for a further repair under the manufacturer's warranty. What are the term of that warranty?
Under CRA 2015 you are much too late to reject outright now, that expires after 30 days. The retailer can repair, refund or replace-it's their choice, not yours, and obviously they will want to try to repair again. Probably just a faulty seal, hardly merits total rejection.

Why would they want to do that when they have the right to reject it. Get rid of it, as you have an opportunity, leaks in caravan are one of those things that are very hard to get rid off once they appear.

sheramber

Since the dealer is agreeable to the op returning all discussion about rights or not are irrelevent.

We just spoke to the dealer who didn't seem surprised and said, 'Put it in writing if it's the rejection route you want to go down.'