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Subject Topic: Sale of Goods Act Advice
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05/8/2013 at 11:21pm
 Location: Flintshire
 Outfit: Eccles Sport 585 & Volvo V70 D5
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Hello,

I need some advice on SOGA.

I have purchased a new sterling Eccles Sport 585 in March 2013 ( less than 6 months ago), it is now leaking water through the near side window from underneath the frame (not the window rubber seal).

How does the SOGA affect me, can I request a replacement van? Or do I have to accept a repair?

And if I do not accept a repair what do I do, if the sellers are incistant that I use the warranty to sort the van out.

Thanks in advance

Paul


06/8/2013 at 6:58am
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Tis all here

Which guide.

Ali


06/8/2013 at 3:07pm
 Location: Keswick
 Outfit: Bailey
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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:-

  1. to undertake the repairs within a reasonable period of time, and
  2. 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    


06/8/2013 at 8:37pm
 Location: Flintshire
 Outfit: Eccles Sport 585 & Volvo V70 D5
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Thanks Guys for the Help/Advice.

I paid Cash for the Van so SOGA applies.

I have spoken to the dealer today and they have completed a remedial repair due to me going down to Devon on Friday for two Weeks.

They have said that it will probably take six weeks for the part as they will have to replace internal front panel and get warranty work authorised.

If this leak re-occurs will I have any further redress through SOGA due to it being raised prior to the six month period or will it just be warranty work again?

Thanks Again.

Paul


06/8/2013 at 11:10pm
 Location: Keswick
 Outfit: Bailey
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Yes for a number of reasons

1. Under your warranty they will refix it. Just accept that these things happen with caravans and the warranty sorts it out

2. Under the Supply of Goods and Services Act they have to use reasonable skill and care in undertaking repairs (if it is not done under 1 above) and if the problem happens again, within a short period of time, they haven't used reasonable skill and care so you can get the Dealer under that legislation.

 

The truth is the warranty covers it. Cross bridges when you get to them. If the Dealer is an OK kind of dealer ....no worries

 

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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06/8/2013 at 11:20pm
 Location: Flintshire
 Outfit: Eccles Sport 585 & Volvo V70 D5
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Thanks Phil,

New to this Caravanning malarkey, was little worried about leak and age of van etc. I think I need to chill and let things roll (10 year shell warranty).

The dealer has reacted very promptly in the first instance although it has meant a 140 mile round trip today, but hey ho.

Thanks again for advice.

Kind regards

Paul



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