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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We purchased a caravan on finance for 60 months back in 2012.

Customer Question

We purchased a caravan on finance for 60 months back in 2012. A problem has arisen with caravan and is now being repaired under warranty. We are obviously still paying for the caravan but it has taken nearly 3 weeks to fix the problem and but was booked in around 6 weeks ago. It is a requirement to service the caravan as part of the warranty. We are also paying site fees for a caravan park which we have not been able to use.

could we claim the cost of the service and site fee from the manufacturer.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is the defect and is it being serviced whilst repaired please?

JACUSTOMER-e4ftgx0g- :

The defect is a problem with the floor. We purchased the caravan from the local dealer in Dec 2012 brand new. We then took it to our site in Devon. Within in two months of occassional use the floor started to delaminate. I contacted the dealer who couldn't look at it until it was back at home which was October. We booked it in to be examined by the dealer who then reported the problem to the manufacturer. The manufacturer decided that it would need to be returned to their workshop in Lancashire to be repaired. So we booked it in for March 29th with the local dealer who did the annual service so it was ready to be collected by the manufacturer and taken to the workshop. It then took them three weeks to collect it and was collected on 23rd April. I was then told by the dealer who was told by the manufacturer that it would take one week to repair, two weeks maximum. The two weeks was up today. I telephoned the dealer as I had not had a progress report. They then phoned the manufacturer and was told that it was still in the workshop and should be finished by beginning of next week. To be fair we were told that they were three weeks behind at the workshop but I didn't realise they would take so long to collect it in the first place.

Alex Watts :

Thank you - what is it you want to achieve?

JACUSTOMER-e4ftgx0g- :

Basically we are out of pocket with site fees which we have had to pay even though the caravan is not sited at the caravan park. We are still paying finance on something that isn't fit for purpose and we have not been able to use. As a good will gesture I think the manufacturer should pay the service fee to the local dealer because of the delays we have experienced.

Alex Watts : How much do you think you have lost?
JACUSTOMER-e4ftgx0g- :

I have calculated the total cost for the weeks we have paid for and lost to be approx £300.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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