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FDLovatt

Total Posts: 1
Please correct the mistakes below:
Posted: 5 years ago
I purchased a new static holiday home in Jan 2012
1 The purchase was made through the holiday park upon which the van was sited. I made my payment, in full, direct to the holiday park.
2 The caravan park ordered the van through an agent.
3 The van had a 12 month warranty.
4 From day 1 of the delivery and installation I have had issues with the van, all notified in writing to the point of purchase/sale, the caravan park
5 Quite a number of the raised defects have been fully resolved
6 I do, however, still have some issues that have not been resolved. The Park has been very good but have advised me that they have had considerable difficulty in obtaining support from the manufacturer.
7 Immediately prior to the end of the manufacturers warranty period I sent a letter of complaint to Swift, them listing all of the outstanding defects with a copy sent to the caravan park
8 In early September 2013 I sent a letter to Swift informing them that if all of the outstanding defects had not been rectified by the end of October 2013 I would take them to the small claims court
9 In September 2013 some of the outstanding defects got rectified leaving a number of unresolved issues which I am not prepared to live with

My question relates to whom I should issue the claim against, the Caravan Park, The Agent or Swift. We are very pleased with the Caravan Park and would prefer not to involve them in the legal process. They have been kept fully informed in writing and have offered me their full support. I would very mutch like make the clain directly against Swift

The grounds of the claim would be that the product was
a not fit for purpose
b not of merchantable quality
c did not comply with the trades die

Are you able to comment on this?
Total Posts: 45
Please correct the mistakes below:
Posted: 5 years ago
As in all Sale of Goods Act disputes, your contract to buy was with the 'retailer', in this instance, the holiday park owners. They have the responsibility to ensure that the goods they supplied to you are of merchantable quality/fit for purchase.
Total Posts: 228
Please correct the mistakes below:
Posted: 5 years ago
Redmick is absolutely correct, so DO NOT make a claim against the manufacturers if you do you will loose your statutory rights against the retailer, I can vouch for that it happened to me for an unrelated item.
Total Posts: 190
Please correct the mistakes below:
Posted: 5 years ago
Should you need a template the following is an acceptable standard - As above ensure this is sent to your dealer NOT the manufacturer.

I consider that XYZ Ltd are in breach of contract and in breach of my Statutory Rights as a consumer. I refer to the Sale of Goods Act 1979.

I consider the item sold to me is not of satisfactory quality and is not fit for purpose.

With reference to rectifying this issue time is now of the essence and request a full repair within 14 days. In the event you are unable or not successful I will consider the contract to be fundamentally breached and this will be my notice of formal rejection, in such circumstances I will require a replacement or compensation in full.

Should the issue be resolved and re-occurs I will reject the item immediately.
Total Posts: 127
Please correct the mistakes below:
Posted: 5 years ago
Hi your claim is with the company which paid your money to and signed the contract under the sales of goods act 1979 amended but if used a credit card of more than £100 to pay the deposit even if you have paid the card off or paid on finance you can contact the card company or finance company and make a claim via section 75 of the credit act.
I would personally contact Consumer Direct 08454 04 05 06 and they will point you in the right direction to go.