Message Forums

If it assists pecsagogo here are your rights as a buyer of the van. I have set them out in letter form in case you get so frustrated that you want to issue an ultimatum. Did they really suggest that you should not have stood in the shower? That's what it is supposed to be designed for!!!!

Dear Sir,

2007 Compass Omega

Under the terms of the Sale of Goods Act 1979 (SOGA) you are required to supply a caravan that is free from any defects. SOGA was amended by The Sale and Supply of Goods to Consumers Regulations 2002 (S&SoGtCR) by the insertion into the 1979 Act of new sections 48 A-F.  

Section 48A (3) indicates that where a defect is found within six months of delivery of the caravan (as is the case with my caravan) then the law deems that defect to have been in place on the date you sold it to me. Your company simply cannot, in law, avoid its statutory obligations just by saying its my fault. You are legally obliged to repair the defect at your cost unless you can proove that the defect was my fault which you cannot.

As I have elected to have the caravan repaired, then by virtue of section 48B of the SOGA (as amended by the S&SoGtCR)  your company has to comply with two statutory obligations:-

1. to undertake the repairs within a reasonable period of time, and
2. without causing significant inconvenience to me

I have been without the van all summer which is clearly a significant inconvenience...and, arguably, an unreasonable period of time.

The legislation provides me with another remedy. As it is less than six months since I bought the van I am entitled to a replacement, particularly as you have already breached 1 and 2 above. (Sale and Supply of Goods to Consumers Regulations 2002 applies.)

Accordingly I want you to confirm by return of post that you will undertake the repair at your cost and provide me with a date by which the van will be returned. Such date to be within a reasonable period of time. Failure to do so and I will elect to have a replacement van.

Yours faithfully

OP You could always complian to Trading Standards at County Hall Beverley. The above reflects your position as a buyer, if you acquired under HP the position may be different.

Phil

Sorry to hear of your not inconsiderable trouble, if my dealer had said that to me I'd have gone apeshot. Good luck in your quest for a fair deal.

PS, Crackin' letter Phil,  I think I may just make a copy of it in case I should need it at a later date.

Dave

I'm impressed that you kept it to "apeshot". Feel free to cut and paste...you never know but I hope you never need it. Life should be that simple.

Phil

Just picked up or new coachman van today from Wandahome South Cave also had a trade in, absolutely no problems at all. This is the 3rd time we have used them and have never had any trouble.

Everything was fine when I bought the caravan, things hit the fan when I wanted the  leak from the shower tray to be fixed. Probably it  costs them too much money to repair or replace it.

What utter rubbishy excuses some of these dealers come out with!!!! The crack in your shower tray is YOUR fault because you stood in it??? What else do you do with a shower tray???

Fantastic letter Phil

I am not sure that you need an independent assessment. The law says that the defect was there when you purchased the van and the onus is on Wandahome to proove that you caused the damage by improper use. Folks are supposed to stand in a shower that is not sufficient proof and would simply be laughed out of court. What you potentially have is a defective shower tray, maybe the material or workmanship, resulting in damage due to normal reasonable use (based on the information you have supplied in this thread.) It is insufficient, in law, for Wandahome to say its your fault. In law they have to proove that. Send them the letter I drafted otherwise you are leaving the issue for too long and you lose by default which would be a shame. Doing nothing gives them a defence of "well we thought you had decided that you did not want anything doing".

Many folks lose out on consumer problems becuase they deal with them incorrectly and are led by defaulting sellers into believing that it is the consumers fault. The law is there for your benefit, use it.

Phil