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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good evening I purchased a new static caravan which is still

Resolved Question:

Good evening
I purchased a new static caravan which is still under guarantee. Atlas moonstone.
The problem is the ceiling and walls have a black fungus growing.
Atlas are aware of the situation .
Taking swabs some four weeks ago.
It is a impossible to get any information from there office ,as the person I need to speak too is always unavailable.
I am writing to see if I am in my rights to ask for a full refund ?
Kind regards
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.When did you buy it please?Alex
Customer: replied 1 year ago.
April 2015
Customer: replied 1 year ago.
This was reported 10 months after purchase
Expert:  Ash replied 1 year ago.
How did you pay for the caravan?
Customer: replied 1 year ago.
Ten thousand cash the rest bank loan.
Expert:  Ash replied 1 year ago.
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.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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.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.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The cost of the caravan was about 55 thousand pounds , with the bank loan so I will need to claim this to pay my loan back to the bank. So would your advice be any different from this.
I repay my bank approx 6 hundred pound per month
Expert:  Ash replied 1 year ago.
Ok - you would need to apply for a refund of the purchase price. Or you may get an opinion on whether the product is defective or if there is another cause to this, which may be cheaper to do.If that repair / treatment is cheaper you should choose this and claim for that cost.Does that help?Alex
Customer: replied 1 year ago.
The company has already said the caravan will have to be stripped of all ceilings and walls which will take the caravan back to a shell. ?
This is not except able , also I have no faith in Atlas caravans , and realise may be I should have purchased another model. There would also be the inconvenience of having to find somewhere to live for six months .
Customer: replied 1 year ago.
What I really would like to know is am I entitled to a full refund or do I have to have another caravan in its place if this is offered ??
Expert:  Ash replied 1 year ago.
If you have not had a repair before then yes you are entitled to a refund.Does that clarify?Alex
Customer: replied 1 year ago.
Thankyou so much so it looks as though I have to take them to the county court .
As no repairs of any kind have taken it place .
Expert:  Ash replied 1 year ago.
Yes indeed. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thankyou so much Alex for your advice, I just needed to know my legal rights before I started proceedings.
Kind Regards
Expert:  Ash replied 1 year ago.
Thanks and good luck. Alex

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