Tweet
In July 2016 we purchased a caravan paying a deposit of £1000 using a credit card and also a trade in caravan valued at £13000. The caravan cost in excess of £30 but under £60K. Two weeks after purchase we informed the dealer of two serious defects on the front and rear panels of the caravan. My understanding is at that point a "waiting period" kicked in.
"If within the first 30 days, the consumer requests a repair or replacement (whether they or you propose this remedy), a waiting period is entered into during which time the 30 day period stops running. The waiting period begins on the day the consumer asks for a repair or replacement, and ends with the day the consumer receives the goods back from you. On return of the goods, the consumer then has the remainder of the 30 day period, or 7 days (whichever is the longer period of time) still to exercise their short-time right to reject, if the goods still do not meet the requirements of the Act, either because of the same or a further issue."
The dealer was able to do the repair in October, but another fault appeared on the rear panel. This was eventually replaced in March 2017, but then it was found that the front panel had gone faulty again. The front panel was replaced in late May 2017. However the standard of workmanship was so poor that the caravan was rejected about 2 weeks later.
The finance company have accepted the rejection and has offered compensation for about £2650 of which there is 8%b interest on the deposit with the balance being loss of use and enjoyment. They have not offered any of the repayments back partially or whole. To complicate matters there is an overpayment of nearly £820 which they have not offered back to us.
More important although nearly a year has passed since purchase, as the dealer still has the trade in on their forecourt, the finance house want us to take back the trade in caravan although obviously by now it has depreciated in value and we do not know what sort of abuse it has had if any in the past year.
It is my understanding that under (11) and (12) of section 20 of the CRA 2015 as the trade in caravan has lost value, we can claim the monetary value of the trade in caravan.
Lastly we have advised the finance company to collect the caravan but they refuse to do this unless we agree to accepting their offer of the compensation which in their words "is a full and final settlement of ANY claim" against the finance company. In other words once we agree, we can go whistle for our deposit and chase the dealer. I feel that it is the responsibility of the finance house to return the monetary value our deposit?
Any input would be appreciated especially if there are any links to any legislation etc. Thanks.
"If within the first 30 days, the consumer requests a repair or replacement (whether they or you propose this remedy), a waiting period is entered into during which time the 30 day period stops running. The waiting period begins on the day the consumer asks for a repair or replacement, and ends with the day the consumer receives the goods back from you. On return of the goods, the consumer then has the remainder of the 30 day period, or 7 days (whichever is the longer period of time) still to exercise their short-time right to reject, if the goods still do not meet the requirements of the Act, either because of the same or a further issue."
The dealer was able to do the repair in October, but another fault appeared on the rear panel. This was eventually replaced in March 2017, but then it was found that the front panel had gone faulty again. The front panel was replaced in late May 2017. However the standard of workmanship was so poor that the caravan was rejected about 2 weeks later.
The finance company have accepted the rejection and has offered compensation for about £2650 of which there is 8%b interest on the deposit with the balance being loss of use and enjoyment. They have not offered any of the repayments back partially or whole. To complicate matters there is an overpayment of nearly £820 which they have not offered back to us.
More important although nearly a year has passed since purchase, as the dealer still has the trade in on their forecourt, the finance house want us to take back the trade in caravan although obviously by now it has depreciated in value and we do not know what sort of abuse it has had if any in the past year.
It is my understanding that under (11) and (12) of section 20 of the CRA 2015 as the trade in caravan has lost value, we can claim the monetary value of the trade in caravan.
Lastly we have advised the finance company to collect the caravan but they refuse to do this unless we agree to accepting their offer of the compensation which in their words "is a full and final settlement of ANY claim" against the finance company. In other words once we agree, we can go whistle for our deposit and chase the dealer. I feel that it is the responsibility of the finance house to return the monetary value our deposit?
Any input would be appreciated especially if there are any links to any legislation etc. Thanks.
