Faulty awning on Campervan - warranty claim declined :(

WeeWillieWinkie

• I bought a new Swift Campervan from a Swift dealer in March 2024.  
• I paid for the campervan in part by credit card and the remaining balance in cash.
• I discovered that the Thule pull out awning was faulty in Oct 2024 when I tried to operate it for the first time.
• The awning is made by Thule and fitted/supplied as standard on Swift campervans.
  
• The dealer made a warranty claim to Swift November 2024 which was declined.  
• The dealer informed me the warranty claim had been declined as Thule assessed the fault/damage had been caused by 'the canopy not being used in accordance with instructions and water being allowed to pool on the awning canopy'.  
• The dealer advised me to complain directly to Swift which I did.  They have again declined the warranty claim after a review (Dec 2024).
• I want the awning replaced or repaired but am unclear what options I have to pursue and with whom?

Thank you in anticipation of any advice you have to offer.

Alderbank

You don't have any rights against Swift or Thule because you have no contract with them. Your statutory rights are with the dealer who you bought the caravan from.

Unless they pointed out the defect to you, and it sounds as though they didn't, the dealer can't escape their legal obligations to you the buyer by blaming either Swift or Thule.
Their obligation under the Consumer Rights Act 2015, if the defect was present when you bought the caravan, is to repair or replace the canopy.

However as you had owned the caravan for more than 6 months when you first became aware of the fault, the onus is now on you to show that the fault was there when you purchased it and that might be difficult.

The usual way of doing this is to ask an independent party such as a local caravan service company to give you a report saying that the fault was present when you bought the caravan.

Eight months over the summer is a long time to never once operate the awning on your new caravan, even to try it out. I use mine every time we go away in summer.
Are you sure the instructions are OK for you to leave the awning so long untouched? Do you keep the caravan in a garage? The instructions for my awning (yours might be a different model) say the awning must be checked periodically especially after rain and explain how to lower one side to drain off any water collected to prevent damage.

teaselMay

In what way is the awning faulty?

I'm also surprised that it hasn't needed airing and or drying in that length of time. I don't have an awning but the home made water and draft proof curtain across the inside back of my van needs airing and an occasional wipe,

WeeWillieWinkie

Alderbank said:

You don't have any rights against Swift or Thule because you have no contract with them. Your statutory rights are with the dealer who you bought the caravan from.

Unless they pointed out the defect to you, and it sounds as though they didn't, the dealer can't escape their legal obligations to you the buyer by blaming either Swift or Thule.
Their obligation under the Consumer Rights Act 2015, if the defect was present when you bought the caravan, is to repair or replace the canopy.

However as you had owned the caravan for more than 6 months when you first became aware of the fault, the onus is now on you to show that the fault was there when you purchased it and that might be difficult.

The usual way of doing this is to ask an independent party such as a local caravan service company to give you a report saying that the fault was present when you bought the caravan.

Eight months over the summer is a long time to never once operate the awning on your new caravan, even to try it out. I use mine every time we go away in summer.
Are you sure the instructions are OK for you to leave the awning so long untouched? Do you keep the caravan in a garage? The instructions for my awning (yours might be a different model) say the awning must be checked periodically especially after rain and explain how to lower one side to drain off any water collected to prevent damage.

Thanks for your help with my query.  I had owned the campervan just shy of 6 months before the faulty awning was identified.  

The long delay in attempting to use the awning was that it looked to me like it was a 2 man job so I didn't try it out until I had help from someone with experience of the same awning so that they could show me the technique.

You make an interesting point about checking the awning periodically.  That does make sense but there is nothing in the instructions about this but something for me to note for the future if I manage to get it fixed.