I relate this story as a reminder to those who are a little bit forgetful at times like me, in the hope that they don't make the same mistake that I have. My OH and I were enjoying a lovely week-end away when to my horror I discovered the dreaded DAMP had appeared in my caravan. This had only just appeared in the last couple of weeks and it was in a very noticeable spot in plain view, not hidden away in the back of a locker. Anyway, no problem thought I, as the manufacturer gives a 6 year water ingress warranty and my van was only 3 years and 9 months old. When we arrived home I sorted out the paper work ready to make a claim when I realised that the service due in January 2009 had been overlooked, making the warranty null and void. A small argument, OK a rather large argument, followed on whose fault it was, mine or hers. No excuses really it was down to me, however, would the service have made any difference? I always check the van thoroughly as does my OH when she puts things in the locker and as I said earlier this damp is in plain view on the toilet wall above the window so I don't think it would have made the slightest difference at all. Secondly I would have thought that a van barely 50% through its warranty period was a safe bet, apparently not. Anyway the point of this post, apart from me deserving all the comments that I am sure this will generate, is to hopefully remind people to book their vans in for their service. My only defence was as mine was due in January,Xmas and New Year must have got me confuddled.
Will it be covered by consumer goods laws as not being fit for the purpose it was sold? I am sure I have read somewhere that items are covered for shoddy manufacture for six years under EU laws.
Tks for your input, I have contacted the manufacturer for their views but experience on here has taught me not to expect any positive outcome. I do not think it is fair to mention the manufacturer until they have had a chance to respond. I shall let you know when they do.
we had the same ish issue (found damp had missed a service ) with ours (3 yearsold) which we only bought in feb i went in to the dealer and cried (i get emotional when i am angry lol) they hadnt told us when we purchased the van that it had missed a service so luckily they have agreed to cover the warranty for the full 6 years
I am going to my local dealer tomorrow to sort out transfer of the warranty on our van, service is due Jan, I'm going to book it in at the same time!!!! Read too many horror stories on here to leave it to chance!
Its terrible how all these new caravans are going damp, specially with the cost of them! I'm sure it couldn't have been this bad years ago, after all you still see some really old caravans going strong!
Quote: Originally posted by mzzy on 30/9/2009
Its terrible how all these new caravans are going damp, specially with the cost of them! I'm sure it couldn't have been this bad years ago, after all you still see some really old caravans going strong!
Sadly, I think the care and attention that was lavished on vans by the tradesmen in the past has been replaced by deadlines and productivity targets. You can't blame the workers sometimes when it's their jobs at stake if they dont meet the targets.
Update to my predicament :The manufacturer has got back to me, correctly pointing out that the warranty was invalidated as I failed to have the van serviced as per the schedule, also agreeing that the service may not have prevented the damp but would have picked it up earlier, however as a goodwill gesture they are offering to supply the parts FOC and for me to pay the labour charges. While on the surface this may sound a good deal I am still concerned that by offering a 6 year water ingress warranty they are stating that they believe their product will meet that. The fact that it did not is surely down to a failure either in the manufacturing process or the materials used to build the van both of which has nothing whatsoever to do with having the van serviced. I think a call to Trading Standards is called for just for peace of mind.
As and when you call trading standards you will find out that warranty or no warranty, the sale of goods act stipulated that any good may be required to fulfil it's useful function for a reasonable amount of time.
Therefore the invalid warranty is NO excuse for not fixing your van for free.
However, your legal rights are through the dealer, who then have legal rights in turn through the manufacturer. If you do a search for trading standards and find the law (in fact, I downloaded and read the entire act!) then you can go to the dealer armed and ready.
I suggest you go in a friendly way, complete with a written letter stating the fault with the van, and asking them to rectify or replace the van as they are required to do under the act. Trading Standards have quite a good template letter on their site. Make sure you have given a timescale that you want it fixed in. Once you have given it to them, if they fail to act within the timescale, you can then pursue them through the legal system. Dealers know this and written letters get the job done 9 times out of 10!
Tks for the info Charlie. I shall certainly speak to Trading Standards. It may not be in my case, time will tell, but I have seen and heard to many tales of woe on this and other web sites regarding dealers hoping that you will just go away, or fob you off with "it's the manufacturers problem etc".
Further Update : Trading Standards repeated exactly what Racletcharlie said in that the van is "unfit for purpose" and the fact that a service has been missed is irelevent in my case as I will be claiming under the "Sale of Goods Act". TS has given me advice and a plan of action, the van is going to the dealers tomorrow for them to have a look at but I am not hopeful as they are already trying to use the excuse that the manufacturer will want to have an assessment done despite my claim being against the dealer. This was to be expected really, but we will see what tomorrow brings!!
The question I would ask is, had the service taken place would it have identified the problem earlier and either prevented or minimised it - Not likely in your case. I suspect they would have just done an inspection of the seals and visible mastic by eye. Possibly they might have done a damp test during a service, but there is no certainty something was wrong at the time of the service in any event.
So I would consider any attempt to avoid assistance on the grounds the service was missed, an unfair trading term on a van with a 6 year ingress warrenty and something worth taking further.
I took the van back to the dealer today and as expected he tried various methods to confuse me.
1. We have no record of your van ever having been serviced at all. Thats funny because I have.
2. Ah you missed a service so the warranty is null and void. I had to explain that I was claiming under the Sale of Goods Act.
3. He asked if we could still use the van, when I said yes it was useable he then said that the van was still "fit for purpose". This may have been after I mistakenly stated that it was unfit for purpose when in fact I should have said it was "not of satisfactory quality".
4. When I said that I was acting on advice from Trading Standards he said he would ring them as they dealt with them all the time.
5. His best line was that anyone could buy a caravan from him, not have it serviced at all saving them pounds and then go back to him with a fault and expect him to fix it.
6. The outcome was that he says he will speak to the manufacturer on Monday and they will probably "chip in a bit" and make me an offer. He says that he wants to put his offer to TS as a fair compromise, however they have said that they will not discuss my case with him but only advise him of the law and his responsibilities.
He also had one of those platform ladders which he used to examine the van and while we were doing so he pointed out a hairline crack in the GRP back panel near the edge where the damp starts on the inside. No further mention was made of this but I have not forgotten. He also said that the damp was probably not even present in January when the van was due a service.
TS have advised me to now go ahead and send the Recorded Delivery letter using the template from their web-site. It is in the post.
Update :Dealer got back to me today. Bailey still offering parts for free, including a new back panel, which I didn't ask for. I believe the dealer has asked for this. Baileys parts come to £1200 approx and the dealer still wants £1700 + vat to fit them. Guess this is heading to court.
As a guide to costs, a new rear panel on my Avondale cost
Parts £950.00
Labour £608.00 (two days work)
Sundries £40.00
Carriage £60.00
plus VAT
There was no damp to cure and it was all covered by Caravan Protect Warranty Insurance.
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Topic: A Sorry Tale of DAMP
