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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought a new Park home from Tingede three years ago.

Resolved Question:

I bought a new Park home from Tingede three years ago. During the warranty period I had a water leak around the shower tray which had ingressed into the skirting board. The engineer sealed around the shower and replaced the skirting. Since then I have had the same problem occur as they obviously did not complete the job correctly. I have been in touch with the customer services department of the company and they say because the home is outside it's 12 month warranty they are not prepared to come back and correct it even though the repair/sealing has not been carried out correctly in the first place. I am worried because it is a wooden floor and I don't know what damage has been done underneath.
Please advise
Submitted: 1 month ago.
Category: Law
Expert:  Joshua replied 1 month 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.

I am sorry to read of the above. Could you kindly confirm the date you purchased the home precisely? If you don't have the exact date to hand, just the onth and year would be helpful.

Customer: replied 1 month ago.
I bought the home via the site owner and moved in on 30th April 2014 from which date the warranty started
Customer: replied 1 month ago.
I am not prepared to spend an extra £44, I could go to my local solicitor for less than £99
Expert:  Joshua replied 1 month ago.

Many thanks. I assume you refer to an offer of a phone call above? If so I am sorry that is an automated offer not controlled by me and is completely optional. There is no need to pay anything extra to continue here in this chat. Are you happy for me to continue?

Customer: replied 1 month ago.
please
Customer: replied 1 month ago.
please continue with chat
Expert:  Joshua replied 1 month ago.

Thanks. Based on what you say you have a contrac with the dealer from who you park home. the contract has terms implied into this under the sale of goods act 1979. The Sale of goods act has now been replaced by the consumer rights act 2015 but at the time you made the purchase, the consumer rights act had not come into force until the old legislation still applies to your contract.

The sale of goods Act 1979 implies terms into your contract for the purchase of your home that the home must be as described and of satisfactory quality. From what you say, the home was not of satisfactory quality because of the re-occurring faulty you refer to. during the first six months following your purchase, any faults are automatically assumed to be the responsibility of dealer not you and you do not need to prove that they are at fault if you report an issue within the first six months. If that full re-occurs, and they failed to repair it there is still a presemption that it remains their fault if you first reported it within the first six months.

Your rights extend beyond the first six months though - the continue for up to six years from the date that you bought the home and are quite separate and additional to any warranty that was provided. It is not possible for the dealer to contract out of these rights you are entitled to under the sale of goods act.

In terms of how to proceed, you may first consider checking your records to ascertain whether you first reported the issue within the first six months not and if so, did you do so in writing and have evidence of the date you made the report. If you did not make a report within the first six months, then you still have rights as above for six years but you will need to demonstrate that the fault was present at the time you purchased the park home and has not been caused by you. this should not pose a particular challenge in the circumstances providing you can demonstrate the repeated repair attempts and the same issue re-occurring

You can consider writing to the dealer either by letter or email as you prefer referring them to the re-occurring fault and in particular your above rights under the sale of goods act and advise that as they have repeatedly failed to repair the shower unit, you require them either to attend to repair the same properly or to replace the shower tray if it cannot be repaired. You can make it clear that you are making this request under your rights under the sale of goods act and not in respect of any warranty which may have expired.

you can go on to make it clear to them that if they refuse to attend to repair shower tray, you will consider obtaining quotations yourself for your own contractor to either repair or replace the shower tray and you will subsequently issue proceedings in the County Court to recover this cost from them on the grounds of breach of contract under s14 Sale of Goods Act 1979 together with court fees, expenses and interest at 8% per annum under s69 County Courts Act.

If the dealer refuses to attend and prepare the shower tray, you can consider doing just as above and retain your own contractor to quote for a repair work is not possible, replacement and then issue proceedings in the County Court to make a recovery. You can either proceed with the work paying out of your own money initially or issue a claim in the County Court first before you instruct the contractor to carry out the repair.

If you are forced to issue proceedings in the County Court, the simplest way to do so is using the courts online issuing service:

http://moneyclaim.gov.uk/

There will be a fee to pay when issuing and another if they defend your claim which will be recoverable if youa re successful. You can see the fees payable on page 5 of the below link (you will see the fee depends upon the amount of your claim and that a lower fee is payable if you issue online using the above link). The hearing fees payable if they defend are shown on page 7:

https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you I will now proceed as advised
Thanks *****
Expert:  Joshua replied 1 month ago.

A plesure. I am glad I could assist.