seriously though, take the van back, leave it there, tell him you are aware of your rights and his obligations. take a pal with you as things could get heated, but don't back down, tell the dealer that you are recording the conversation for use later.
Quote: Originally posted by john,mel,3kids! on 21/8/2016
opensauce, I have just looked at the thread I started a while back about this issue, (hold on buying that new bailey) and you seemed quite sceptical about the 30 day returns policy.
I'm still sceptical about it regarding the caravan trade & the dealer's reaction to the op's request for a refund suggests one has to be sceptical.
All I have been doing here is advising the op to get everything right on their side. If in spite of that dealer will not refund then they presumably the op will only have recourse to Trading Standards or small claims court & no quick refund?
Point I was making mostly in your thread was that it's unlikely one could reject a new caravan that was delivered with loose doors & blinds if an hour of workshop time would fix it & why would one want to? The idea is to buy a nice new caravan, not go in with the idea that you will demand a refund if it is delivered with a few easily fixable faults.
Generally with a 'bad' new caravan the situation develops slowly over months with faults becoming apparent over a period of greater than 30 days.
The op situation is different. From their description it suggests that the entire front of caravan is damp requiring days of workshop repair that no dealer is going to pay for so they have a clear case to reject within 30 days.
Even if they do get a refund quickly it's hardly a perfect result for them because they do not have the caravan they clearly wanted.
The law is little use without effective enforcement so one can only hope the op gets a quick resolution on this because local Trading Standards offices are usually overworked & underfunded. Read this.
I have informed the dealer I intend to take the van today at 17:00 and he has just texted me "I'm in Torquay. so I wouldn't bother"
I think what he he is doing now is staying away until the 30 days has expired. Where do i stand if i leave the caravan on his property and about giving him the notice of return.
As pointed out you need proof you are rejecting caravan within 30 days. Printing off this thread will help. Probably not a good idea to just dump it on his empty premises as caravan could disappear & he could deny all knowledge.
Does he have a forecourt that works normal business hours? You are still within the time limit if you return it tomorrow. I would do that & I would also be phoning your local Trading Standards first thing tomorrow & explain the situation.
Like a fool I tried to return the van today 21 August 2016, expecting the dealer to be there after 17:00 when Sunday trading finishes at 16:00.
Here is whats happened so far, you know the details but here are a couple of texts I have exchanged with the dealer, I'm doing this for a reason. I want to to know if the text I have sent him constitute Notification of returning the goods.
I thought I had text him my intention to return the van but I haven't, I told him over the phone on Saturday 20th August that I intend to return the van on that day. he asked me not to because it was his daughters birthday and they had 16 children at his home. I agreed with this and told him I would return on Sunday instead.
I text him Sunday morning informing him I would be setting out about 15:30 and should take me about one and half hours to get there.
his reply was "I'm in Torquay, So I wouldn't bother". although he had sent this reply I felt I had to make the effort in returning the van, Alas he didn't turn up, so I brought the van home.
He sent me the following text....
" There is no 30 days! as you didn't buy b4 you came to view it! But ring me tomorrow and we can talk"
he then sent me another text and in it he confirms I had called him on the Saturday with the intention of returning the van.
he has sent me 3 further text all exactly the same this is the text word for word....
" Return it yourself next week thur/fri, as immaculate ai it was taken. refund of £3,800, as I have paid for repairs you asked for. thats the offer, otherwise take it further. quite clear to me you never wanted to buy it"
the repair he is talking about cost £60 and the repair guy just covered up the mold with a piece of wood, made a bodge job of it and as you know the window leaks really bad.
I sent him the following text....
" Your staying away does not cancel out the 30days returns because you have been notified of my intention well in advance of the 30 day limit, All that it does is prolong the issue"
he then sent the following...
"Read my message, & take in the message, you have no 30 days! out of the descent chap I am, I've said bring it back thursday/Friday. but you have had it a while now,£3800 is being more than fair".
This is his last text....
"Like I said it's your property. So you leave it there and it gets stolen, your problem. has I will phisically(sic) need a signature & keys from yourself before I give a refund. Kind regards Mark"
would I be right sending him this text......
Your talking silly about the 30 days returns. the 30 days return for a full refund is the law, it's called the "Consumer Rights Act 2015" I suggest you read up on it.
you were notified well in advance of the 30 day expiry time of my intention to return the caravan. I shall return the caravan on Monday 22nd August 2016. if you choose not to be there and I have to return home with the caravan, I shall start charging you storage rent of £50 per day until you caome and collect it, I shall also start legal proceedings without further notice to you. In other words the next time you here from me shall be through the courts. your offer of £3800 is unacceptable.
I'm sorry it's a long one but feel you need to to know whats happened over the last couple of days.
I can't thank you enough for the the time and effort you have put in
Am I right in thinking, because he knows my intention to return the van before the 30 day expiry time and he knows about the 30 day limit, that if I take the van back on Thursday or Friday as HE suggests this would still constituent returning within the 30 days, I believe it would because those are the days HE is telling me to return it, Although I think He believes if I return it after Monday it will be outside of the 30 days.
I would think with a print off of this thread & the texts there is enough proof. As pointed out contact Herefordshire Trading Standards first thing tomorrow & advise them of the situation, take advice from them & go from there.
Hi Everyone,
the story so far......
The dealer phoned me this morning about 08:50 and asked me to bring the van back today (22nd/08/2016). he was very calm and polite so we arranged a time and off I went. I must admit I was a bit apprehensive on the way down there and expected a slanging match, but no he was quite good with the occasional "I've bent over backwards for you" ect.
he asked me to sign a receipt for the van of which he had failed to put the amount the refund was, which I pointed out and he still tried to get £100 out of me(it's cost me approx £150 running about to and from Worcester and Hereford)
The only thing I didn't get was the cash, I did however get it written on the receipt that the money will be paid in full by bank transfer on Thursday 25th August 2016.
So up to yet OK, I will let you know what happens on Thursday evening.
Again Thank you people for ALL the HELP and encouragement you have given me.
THANK YOU
Oh Yesssss, we have learnt a lot from this experience. We fully intend to get us a caravan, but we shall be more CAREFUL next time......
Again Thank you to everyone especially you "OPENSAUCE" and "John,Mel,3Kids"
This shows that you should never buy a van private or from a dealer without an independent pre purchase inspection from an independent caravan service fitter
Amazing family weekend with old steam engines, classic car displays, market stalls, and full catering and bar. And camping on site - Save £25 by booking in advance.
Topic: Leaking around window
Well done for your persistance. 
So glad it come out well in the end and hope that your next purchase is all that you could wish for.
