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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have brought a lodge which has been needing repaired since

Customer Question

I have brought a lodge which has been needing repaired since the day we brought it, it was new last year and they have repaired it 3 times now and the fault keeps coming back
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this a portable type or semi portable type building?

Does the manufacturer accepts that there is a problem?

Can you get anyone else to fix the problem?
Customer: replied 2 years ago.
When we brought this lodge it was just over 16 months ago at a cost of£340,000 , we did expect some teething issues but it seems they cannot resolve these cracks that keep appearing .The lodge is situated on a permanent plot. We first report these after the first 3 months and was told it was just settling in and they would fix these once it had settled. The manufacture has since gone out of business but the park owners took over the warranty and have kept up the repairs but it does not fix the problems.
This lodge has all plaster board inside and I have since asked if the lodge was designed incorrectly due to heat and winds that can affect the movement of the plaster, just need to know what I can do to resolve this and who is responsible for this , is it the park owner who sold us it ??.

Best Regards
Nigel Roberts
Expert:  Jo C. replied 2 years ago.
Thanks.

Under the Sale of Goods Act responsibility for any defective goods which are not of satisfactory quality or fit for purpose, is with the seller and not the manufacturer.

If the Seller/Park are not able to fix the problem then you need to get it fixed by someone else and seek to the money in respect of the repair from the seller.

If they will not pay up, you have no alternative but to sue them in the Small Claims Court if the amount claimed is under £10,000.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Jo
As this is not fit for purpose and unsatisfactory can I not demand my monies back as I advised them of this compliant 3 months after buying it.

Regards
Nigel
Expert:  Jo C. replied 2 years ago.

I'm sorry to have to tell you that because of the value of the property and the nature of the problem, getting your money back would be seen to be disproportionate.

If the building were structurally on sound, that would have been an option within the first month but not after 3 months and certainly not after 16 months.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Customer: replied 2 years ago.
Jo
Understand , but as I have only used this holiday home for a total of 3 months total since buying it due due to the park trying to fix the problem does that not show they have to take some responsibility since they keep saying it will be fixed since day one when all the cracks where first pointed out to them.


Regards
Nigel
Expert:  Jo C. replied 2 years ago.
They do have a responsibility of the amount of use that the homeless had is by and large immaterial.

Your remedy is to get it fixed and sue them for the cost.

It appears that they are incapable of fixing this and therefore it is not unreasonable you to get someone else to do it.

It might be worthwhile giving them one last chance to fix it telling them that unless it works this time, you will have to arrange to get someone else to do it and they will be responsible for reimbursing you however much that cost is
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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