Hi all, are your sitting comfortably? then I`ll begin!
We went to look at some caravans in late September, not thinking of buying until spring, but we found a caravan we thought was just what we wanted and a good price. This was from a dealer, a 2012 swift. we liked it so decided to buy it. It came with a damp report which showed nothing of concern. My wife spoke to a fellow dog walker and was advised to get an independent damp test done, which we did, and damp was found.
so, we took it back to the dealer they agreed there was damp but not to they same extent the independent stated.
It went through as a warrantee repair through swift.
Today we took it in for the work to be carried out. About an hour later I had a phone call and the receptionist informed me that the battery box was cracked and was not covered!
A red mist fell over me, we have not used the caravan since its purchase, it has only been towed from the dealer to my home, to the independent and back, to the dealer and back (for the inspection) and back to the dealer today. Also on the hand over we part ex`d our old van and they transferred the battery!
I didn't think to ask where the crack is as I was so mad, I told her the story she said she was with the engineer when he checked for damp, so I asked if she was implying that I had done it?
So I need advice, what are my rights? I have phoned the consumer advice line but as it was late, I was unable to get through.
I have advised the receptionist I am not paying anything, she wasn't able to put me through to the service manager for a chat, she asked the name of the salesman and she is going to speak to him, we are very mad about the whole thing and advice would be grateful
It does sound as if it is ongoing so I suggest you be civil to them. Be firm but diplomatic & you may get it replaced foc. Otherwise your only recourse is to litigation when all you want is a caravan.
Unfortunately the issue should have been picked up earlier as the dealer can claim the damage was done by the OP as the OP has had the caravan since September. However I am wondering why they had a necessity to remove the battery to do some warranty work?
Perhaps the only way around this is for an independent to check the damaged battery box and to see if the crack is fresh or old. If old there should be some dirt in the crack.
However the CRA 2015 clearly states the following;
1 Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
2 Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description. Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
3 It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
4 If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
5 For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
I would think that besides the other clauses in this case Clause 2 regarding durability, fitness for purpose etc is the main clause to apply and the dealer is trying it on.
Damp around the battery box and it suddenly turns out the battery box is cracked.
A polite phone call or a visit in person and explain the van has not been used by yourself yet.
Ask them if the cracked battery box was actually the source of the damp?
Or whether their fitted damaged it trying to reseal it.
Either way it must have been damage prior to purchase or during repair because you have not used it yet.
Be very polite and firm that in no way are you going to accept responsibility for the cracked box and wont be paying for its repair or replacement. But now expect it to be replaced or repaired.
spoke this afternoon to the service manager and they are going to replace the battery box at no cost to me whilst doing the warrantee work, watch this space!
Receptionist who was not authorised to make decision stating correctly that the cracked battery box was not covered under warranty as it is possible that crack could be due to customer negligence. After investigation by sales manager it was decided to replace battery box foc.
I'm seeing a good, well run dealership here so presumably not the dealer suggested?
Well I can name a Ford franchise with exactly the same problem. Lookers at Colchester. Once you get through to the right person you can actually get warranty work done.
However, first point of phone contact is some 18yr old who invariably says "Oh I'm not trained to take calls on warranty issues" etc, blah. After holding on between about 3 more points of contact you eventually get through to somebody who can actually do something.
It's a common problem & of course you need to keep your temper because... "We have zero tolerance to abuse of our staff" etc, blah.
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Topic: any legal eagles?
