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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We bought a lodge three years ago. We now find the outer surface

Resolved Question:

We bought a lodge three years ago. We now find the outer surface is bubbling and splitting. The manufacturers say they can not guarantee as the previous owner went against their advice regarding surface covering. They say the park owner had a letter from them stating this. We were not shown any letter or told when we bought property. Who is responsible?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what is the length of the guarantee please?
Alex Watts : Also can you confirm whether the previous owner did breach the terms of the guarantee?
Customer:

10yrs guarantee 3yrs left. Previous owner went against manufacturer s advice.

Alex Watts : When 3 years ago did you buy it, the date?
Alex Watts : When did you first become aware of the problem?
Customer:

Can you reply regarding last question?

Customer:

May 23. Last summer.

Alex Watts : Ok. I can say the manufacturer won't be liable.
Alex Watts : If the original customer went against advice they can't be held liable.
Alex Watts : However you have 3 years from the date of knowledge regarding the defect to bring a claim against your seller for negliegnce and 6 years for breach of contract.
Alex Watts : You need to write and get 3 quotes for getting the work done, this is your loss.
Alex Watts : You need to write and set out your losses and request a payment 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 pay 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?
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