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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46187
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Afternoon I have a swift challenger 580 caravan, from

Resolved Question:

Good Afternoon I have a swift challenger 580 caravan, from day one I have reported damp on the rear of the carvan t6his went back to swift who said they could not find where the leak was but while this was with them they damaged the side of the caravan plus three places inside the caravan. I then went on to find the leak myself which was the rear light swift then asked me to book my caravan in to the oxford dealer ship who where going to out right the dents on the side plus the internal cupboards that was damaged, the bowing cupboard and a number of other problems, they also said they would service the caravan free of charge. I had a phone call from the dealer ship to now tell me that there is damp all in the front of the caravan. This caravan is only 18 months old. Many thanks Pete Dean
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you buy the caravan from new directly from the manufacturer?
Customer: replied 1 year ago.

yes this was from oxford caravans on 23/8/2013

Expert:  Ben Jones replied 1 year ago.
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed. However, if you are talking about damp and the first time you would have been reasonably expected to find that issue out was when you took out on a rainy day, then you could say that this is when the reasonable period was even if it was some time later. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46187
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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