Hi all the story is last November we bought our first caravan a swift lifestyle 2004 from a local dealer for £5500 along with a years warranty that covers damp! We were advised to have a service before warranty runs out which we have the outcome is the van as 40% damp in two separate places plus 70% at the rear right side under the skirt of the van they reckon that this could have happened over the 11 months we’ve owned it (we aired it regularly all through the winter and used humidifiers throughout the van etc) now telling us they wouldn’t have sold us a van with that much damp. They have sent a claim in for the damp repairs to the warranty company they use and we’ve been told today that it’s not covered because the van is over seven years old but we had the understanding the warranty would cover it for a year no mention of the seven year rule just wondered if anyone has advise for us we are waiting for the dealer to get back to us with a quote.
If you have the warranty in writing stating that it covers damp then it is your dealers responsibility to put it right, irrespective of who he does the warranty through. When you bought the caravan did you get a damp report as part of the sale? If not you do not know how damp the caravan was when you bought it. Keep it nice and friendly at first and insist that it is his responsibility, you may need to get legal advice, you might have an insurance policy that can help.
Thank you for your advice it was sold has dry we were told only slight damp think 30% above awning rail which they had repaired we didn’t realise too ask for damp report silly mistake on our part now.
Check the paperwork carefully. If the warranty company says 7 years is their limit, the policy document supplied at the time of purchase will state the same.
I hope that the dealer has written cover for damp on the sales documentation somewhere, otherwise this all verbal...
30% damp is not slight. 14% is normal since even dry timber contains some moisture, so even 20% its action time.
Sadly I think they have taken advantage of your being a newbie - next time don't trust anyone, even main dealers, and get your own independent inspection at a fraction of the cost of this repair.
Theyve just got back to my partner trying to say we bought it knowing it had that damp..he has asked for the damp report and the salesman started getting shirty on the phone so we are going to get legal advice thank you for your help.
Quote: Originally posted by briar44 on 22/10/2018
Hi all the story is last November we bought our first caravan a swift lifestyle 2004 from a local dealer for £5500 along with a years warranty that covers damp! We were advised to have a service before warranty runs out which we have the outcome is the van as 40% damp in two separate places plus 70% at the rear right side under the skirt of the van they reckon that this could have happened over the 11 months we’ve owned it (we aired it regularly all through the winter and used humidifiers throughout the van etc) now telling us they wouldn’t have sold us a van with that much damp. They have sent a claim in for the damp repairs to the warranty company they use and we’ve been told today that it’s not covered because the van is over seven years old but we had the understanding the warranty would cover it for a year no mention of the seven year rule just wondered if anyone has advise for us we are waiting for the dealer to get back to us with a quote.
Warranties are a total rip off so hope you never paid for any warranty which is as good as a wet paper bag. As you bought the caravan less than a year ago you are covered by the Consumer Rights Act 2015.
1 Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
2 Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description. Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
3 It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
4 If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
5 For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
The dealer has shot themselves in the foot by stating that the damp was there when you purchased the caravan therefore it is an inherent fault under clause 1.
Clause 2 refers to durability so falls short there also.
IMHO it is the dealer's responsibility to do the repairs FOC under legislation and if they don't they could be committing a CRIMINAL offence.
Rather than take advice from forums, why don't you contact Which Legal Services They are consumer orientated and will give you the correct sort of advice. We used them last year and saved ourselves thousands of pounds.
We bought a seven year old caravan with a year’s warranty and at a service, just before warranty ran out, 60% damp was found on the back wall.
The dealer, Glossoo Caravans, repaired it, no problems whatsoever.
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Topic: Mid-sold information
