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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We purchased a new static holiday home in 2012 (November) for

Customer Question

We purchased a new static holiday home in 2012 (November) for £53,000.00 + additional for decking. On first day we moved in we told company Park Resorts, that unit was not level - the bathroom doors didn't fit. We were told that this would settle (never happened. In December I went to my wardrobe to get a coat and found it was mouldy, on further investigation there was water running down the inside of the wardrobe. We reported to the office and were told they would get someone to investigate. 4 days later their maintenance supervisor discovered a large hole in where roof joined wall. This was repaired by separate company. Van still not levelled. Several move request to maintenance over 4 more months and unit was levelled; this resulted in internal wall bowing and cupboard in twin room hitting wall when attempting to open. The manufacturers were called in and after a further wait swift came and replace the internal wall and internal door architrave. It is now 2 1/2 years and the unit has been re-levelled again with various results. We now have a had leaky roof since November 2013 - maintenance fitted a tarpaulin in November and have re-positioned several times, but still no repair. Can you please help us with what our rights are - we feel unit was never fit for purpose and we told the park this 3 or 4 times over time.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify please that you purchased the static home from the park operator please?
Customer: replied 2 years ago.

Yes from Park Homes, Breydon Water for cash

Expert:  Joshua replied 2 years ago.
Thank you. You mention a series of issues over two years or more. Could you confirm you have any of your complaints in writing with the seller or has everything been dealt with verbally? If the latter do you have any correspondence to show the repairs that have taken place? What is your preference at this stage ideally?
Customer: replied 2 years ago.

Mainly verbally with 3 different General Managers. I then contacted Customer Services at head office and was redirected to GM's manager. I sent email as requested and received a response, in writing, saying most issues were historical and he didn't;know why I had contacted him (I had been advised by Customer Services to do so)

Expert:  Joshua replied 2 years ago.
Thanks. Finally just the other point if you would be so kind: What is your preference at this stage ideally with regards ***** ***** ideal outcome?
Customer: replied 2 years ago.

We love the park and would like to get repairs complete, at no cost to ourselves. At a push we would either accept a new unit or money returned.

Expert:  Joshua replied 2 years ago.
Thanks. The position here is that you have two differing sets of rights. The first set of rights you have against the manufacturer under any warranty they have offered you but these rights if you have them (there may not be a warranty or it may have expired) are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous.You have a another set of rights by virtue of your contract with the retailer from whom you purchased the static home - here the park. This set of rights are much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act that the home must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. From what you say, some of the faults were identified within the first six months and so far as you can show that you did notifiy the retailer of these faults and the remain unfixed as it was less than six months since you purchased the home when you first encountered those difficulties you therefore do not need to demonstrate that the faults are inherent in order to make a claim against the retailer from whom you bought the caravan. Rather retailer is automatically assumed to be liable unless they can prove otherwise-namely that you have damaged the home. For faults encountered after the first 6 months you must show that they are not the result of damage caused by you though this is not usually overly difficult to do.The Sale of Goods Act gives you the right to reject a home if it is faulty but that right only exists for a short period - little more than a week so you are well out of time at this point. In order to take advantage of this right you must give them written notice of rejection under the Sale of Goods Act and keep a copy sending by email or fax and return the home. They must give you a full refund less an amount to reflect any benefit you have had from the caravan. From what you say you would be too late to reject the home under the above legislation as this right only exists for a very short time following purchase.However although you are likely too late to reject the home you still have considerable rights under the above legislation. Under these rights you can insist upon a repair or replacement at the retailer's discretion. You are required to give the retailer reasonable opportunity to repair. There is no specific prescribed number of times that you must must allow them the opportunity to repair the home however if they have failed to repair the same more than two-three times this would usually be held to be satisfactory opportunity to do so and you would be within your rights to request a refund or replacement at this stage. You are also entitled to claim your reasonable costs as a consequence of the failure such as any transportation costs for example though there mayy not be any.You may consider advising the retailer that you are unhappy with the litany of issues you have experienced with the home and that you require a comprehensive assessment to remedy all faults fully and finally and that if they fail again, you reserve your right to demand a refund or a replacement and if necessary could consider a claim in the County Court. The simplest way to issue proceedings if necessary is by using www.moneyclaim.gov.uk. You may decide as a precursor to obtain an independent report on the condition of your caravan in order to determine all necessary issues that require attention. If you decide to do this you may consider contacing the following organisation who can put you in touch with a suitably qualified engineer -http://www.nacoservices.com/contact-usKeep all your discussions in writing by email for example and if you have verbal conversations, take the time to immediately confirm the conversation by a follow up email so everything is on record. This can make a claim much easier as invariably the dealer will dispute things you claim to have said in the absence of written evidence which can be a chore to respond to in court. Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

I am not sure I understand what my next step should be.

Expert:  Joshua replied 2 years ago.
My apologies there is a lot of information above. The next steps I suggested are contained in the final three paragraphs. To clarify:You may consider at this point advising the retailer that you are unhappy with the litany of issues you have experienced with the home and that you require a comprehensive assessment to remedy all faults fully and finally and that if they fail again, you reserve your right to demand a refund or a replacement and if necessary could consider a claim in the County Court. You may decide as a precursor to issuing any proceedings in court to obtain an independent report on the condition of your home in order to determine all necessary issues that require attention. If you decide to do this you may consider contacing the following organisation who can put you in touch with a suitably qualified engineer -http://www.nacoservices.com/contact-usIf you are not satisfied with the response of the retailer to your requests to repair the home fully, you can issue a claim for either a) your money back or b) the cost of another contractor you are satisfied with attending to all the defects. The simplest way to issue proceedings in court if necessary is by using www.moneyclaim.gov.uk. Keep all your discussions in writing by email for example and if you have verbal conversations, take the time to immediately confirm the conversation by a follow up email so everything is on record. This can make a claim much easier as invariably the dealer will dispute things you claim to have said in the absence of written evidence which can be a chore to respond to in court. Does the above answer all your questions or is there anything I can clarify or help you with any further?
Expert:  Joshua replied 2 years ago.
Do you have any other questions on this or does the above answer everything you needed to know for now?
Expert:  Joshua replied 2 years ago.
I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

The Park have now instructed an independent repairer to report on the damage. They have been and have instructed us that the cause of the leak in a manufacturers defect, i.e. fixings to the skylight were not correctly used/supplied. This was stated verbally and the Park are now waiting for the written report.

Question: Are we entitled to a copy of this report to help us with our complaint?

Expert:  Joshua replied 2 years ago.
Many thanks for your above post. I would be delighted to continue to assist you with the above. I should be very grateful if you would kindly click to provide a rating for my service to date. I am very happy to assist you with your follow up question without further charge. I look forward to hearing from you.
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The Park have to date not received the written report from the independent repairer and say they are chasing him up - but they are also busy with the day to day running of the Park, Where do I stand? We have had a tarpaulin covering our skylight since the beginning of November and are now becoming a laughing stock - not a pleasant position. What should my next step be and what time frame.

Many thanks

Expert:  Joshua replied 2 years ago.
Is this an independent repair you have instructed to report or they have instructed?
Customer: replied 2 years ago.

n the 6th May we posted the following question, but received no reply from you, (trust this answers your query):



'The Park have now instructed an independent repairer to report on the damage. They have been and have instructed us that the cause of the leak in a manufacturers defect, i.e. fixings to the skylight were not correctly used/supplied. This was stated verbally and the Park are now waiting for the written report. Question: Are we entitled to a copy of this report to help us with our complaint?'


Expert:  Joshua replied 2 years ago.
I am very sorry that the above question did not come to my attention. Thank you for the clarification. as we have discussed above, ssale of goods act requires that you give them reasonable opportunity to repair or replace however, you do not have to be excessively patient if they are unreasonably delaying. if you consider they have had enough time, you may consider writing to them by email or letter reminding them of their obligations under the sale of goods act and the you expect to see some substantive progress within the next five working days failing which you will consider instructing your own contractor to quote for necessary repairs and look to the seller for the cost in the County Court as above.