Joined: 11/12/2009 Diamond Member 
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You do not say in your post whether you
bought the van with cash or using credit, say HP. The way you bought the van
determines what legals you use to back your case for the dealer to pay for the
repair.
Let's assume that you paid cash (maybe
via a bank loan). Under the Sale of Goods Act (SOGA) your caravan should be of
satisfactory quality, sufficiently durable and free from any defects. Further
it should be "as described". It clearly is not of satisfactory quality
Timing is important under the SOGA as that
determines just what rights you have. As it is less than six months since the
date of your purchase then, under s48B of the SOGA ( as amended by the Sale and
Supply of Goods to Consumers Regulations 2002) you are entitled to demand
a replacement or a repair. s48A3 of the SOGA, make it clear that where the
kind of defect you found is found within six months of delivery of the caravan
to you then the law deems that defect to have been in place on the date you
contracted to buy it. The dealer has to proove otherwise to avoid its
liabilities under SOGA. So, assuming that you did nothing wrong like, say,
slamming the windows shut so that they are out of kilter, the law says that the Seller is
at fault. Don't let the seller try and get out of that.
If you elect to have the caravan repaired, then by virtue of section 48B
of the SOGA (as amended) the dealer has to comply with two statutory
obligations:-
- to
undertake the repairs within a reasonable period of time, and
- without causing significant inconvenience to
the you
If you elect to have a
replacement, and remember the choice is yours, you cannot do so if that request
is impossible to perform or disproportionate to the repair remedy. This is
covered by section 48B (3) (a). From what you have said it would be disproportionate so you go with the repair. It should be covered by your warranty or SOGA so just let them get on with it. Who cares as long as you don't have to pay!
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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