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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience:  Over 5 years in practice
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Good Afternoon I am currently having an issue with a caravan

Resolved Question:

Good Afternoon
I am currently having an issue with a caravan I purchased from a local dealer, long story short I have had the caravan for service to be told the floor is full of damp and needs replacing, the vehicle is sold from the manufacturer with a 10 year warranty as long it is serviced and damp checked every year. The local dealer has informed me it is not covered under warranty as it did not have a 4th year service. I have checked the service history of the caravan to find that it had missed a 2nd service before we purchased it from the dealer which they did not make me aware of at the point of sale.
I was given a warranty from the dealer at the time of sale for 36 months and two free services, the warranty was not explained to me I was just asked to sign for it, I explained to the sales man I was taking the caravan down country to site for 2 years and how would I be held with the free servicing and warranty issues, he told me "just get the servicing done when you bring the caravan home at the end of the period the services will still be valid". Now I am being told the 3rd party warranty is invalid because I missed a service and the manufacturer warranty is invalid as the caravan missed a 2nd service before I purchased the caravan. I don't have any documentation to prove what was said it was all word of mouth.
The caravan is now 5 years old and no longer fit for use, the dealer has washed there hands of the problem.
Can you advise on the next steps please.
Regards
John
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much did you pay for it?
Customer: replied 1 year ago.
I paid £13000 for the caravan 40 months ago.
Customer: replied 1 year ago.
Sorry i have only owned the caravan 26 months
Expert:  Jo C. replied 1 year ago.
Ok.
Are you asking if the warranty is still valid?
Customer: replied 1 year ago.
No i am asking if i have have a case against the dealer for not disclosing the manufactures warrany was void before i purchased the caravan
Expert:  Jo C. replied 1 year ago.
No, in short I'm afraid.
It is not for the dealer author any seller to disclose difficulties with the warranty. It is the buyer to read the warranty and any contract.
Warranties are generally not worth very much because they do no more than the sale of goods act usually and are riddled with loopholes.
In any event, this warranty is dependent upon services and that does not render it voided. It just demands that you comply with the condition which is very common and unfortunately you did not.
I'm very sorry but this is just plain not the fault of the dealer.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
They sold me a caravan stating it had a 10 year warranty due to the design of the body but 4 years down the line it has deterorated to the point where it is dangerous to use and even if i had serviced it from when i bought it the warranty would have been void anyway because the agreement was broken before i purchased the caravan. ??
Expert:  Jo C. replied 1 year ago.
Yes, but that doesn't make them liable for the warranty.You would have SGA rights against the dealer although if this was four years old then they might well be weaker than if it was a newer caravan but they do still exist.
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience: Over 5 years in practice
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