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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14767
Experience:  Senior Associate Solicitor
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We bought a brand new static caravan from a reputable

Customer Question

Hi. We bought a brand new static caravan from a reputable stockist end of August 2020. Obviously with lockdown we had hardly any use until March 2021. We noticed damp items stored under seating backing on to main front windows. On investigation , internal wall water damage was found.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Although this has been investigated by the caravan company they have still not cured this problem. Since then 2 other areas in the caravan inner walls have signs of water damage. Our question is have we a right to ask for a replacement caravan as this one is in our view not fit for purpose. Thank
JA: What steps have you taken so far?
Customer: Inner skin underneath front windows replaced. Carpet replaced by caravan company. Window sills and windows still not replaced, since that was done 2 new areas inside caravan showing signs of water ingress 1 by front door and en suite under window. This has been going on since early May. We have had enough and wish to get legal advice to see what our rights are. Thank you
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I do not think so.
Submitted: 12 days ago.
Category: Law
Expert:  JimLawyer replied 12 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 12 days ago.

Given more than 6 months has passed since taking delivery, you have rights though they are more diluted due to the fact that after 6 months, the burden to prove fault shifts to yourself as the consumer. Which means you would need an expert report to support your case against the dealer.

I summarise the law. If you purchase from a dealer you have rights under the Consumer Rights Act 2015, which states that the caravan has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the caravan must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the caravan does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the caravan.

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.

The rights against the dealer are:

1. Reject the caravan and request a refund which must be done within 30 days of purchase or delivery. The faults are presumed to be there from the outset unless the dealer can prove otherwise.

2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the caravan can still be rejected for a refund, or if you want to keep it, you can ask for a price reduction. If asking for a refund or a replacement, the current value of the caravan will be used, taking into account any depreciation in value for usage by the buyer since purchase.

If the repair would put you are considerable inconvenience - e.g. taking several weeks, then you can demand a refund.

They are only allowed one chance at the repair - if that fails, you are due a refund.

You need to contact the dealer and advise them of which option you want to go through with. If they refuse then I would advise that you report them to Trading Standards (https://www.nationaltradingstandards.uk/contact/) and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.
if you prefer a law firm to deal with them, who can give you legal advice (we are an internet forum, not a law firm - we give information and guidance from a legal standpoint only) which would be wise if the claim is worth a larger sum, then any of the following could assist :
1. http://www.luptonfawcett.com
2. http://www.cavershamsolicitors.co.uk
3. http://www.lindermyers.co.uk
4. http://www.irwinmitchell.com

Expert:  JimLawyer replied 12 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 12 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim