is there anything we can do?

bondi

New Member
Apr 28, 2009
1
0
0
Hi all.
sorry if this is in the wrong place but I couldn't find a more sutable place to write!:confused:

6 weeks ago myself and my husband brought a caravan from the classified ad’s (pre-loved). The ad stated in capital letters ‘NO DAMP’. We went to view the van and true there was no damp on the wall or in the cupboards etc, but we did notice that the floor was spongy. We asked him about this and he said that the laminated flooring he had put down was not sitting right and needs replacing as he didn’t do it right. We asked if the floor had gone and he held up his hands and said ’’No the floor is fine, if it had gone I would tell you’’. Well We went down last weekend and my foot nearly went through the floor! We looked under the van and he had screwed 2 big pieces of wood to the caravan floor to hold it up temporary to sell it. The floor under the van is all damp.

Is there any way of us trying to get our money or part of our money back due to the false statement he placed in the ad (which I still have). Could I take him to the small claims court under the unfair trading reg or something similar? We paid £2.250 for the Caravan.

We saved up hard for this van to take our 4 children away, and now he don’t have the money to put it right nor do we have a caravan to take them in, we are truly devastated and extrmely angry with him!!:mad:

Many thanks for reading this.

bondi.
 

happywriter

New Member
Apr 25, 2009
299
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Sounds as though you really got stung.
I suggest you take a lot of photos, possibly putting a daily newspaper into part of the photos to confirm the date. Keep the original advert(s) and any other correspondance.
You will also need some independant inspection, but as legal caravan inspections are not necessary the best place may be a caravan sales agent, or similar.
I suggest going to the local Citizens Advice Bureau, who will be able to advise you of your legal rights in this situation.
 

GlasgowGirl

Facilitator
Jul 22, 2008
287
0
0
Hi Bondi, sorry to hear about this. My understanding is, I'm afraid, that because you bought the caravan from a private, non-commercial seller, you don't have any rights under the Sale of Goods Act. Take a look at the Consumer Forum guide for more information, and I certainly agree that you should ask the Citizen's Advice Bureau for help.

I've just looked at their online advice guide, and it suggests that you may be able to claim against a private seller if the vehicle doesn't match the description they gave you - so maybe there is hope after all? Start by putting your complaint in writing to the seller, and asking for a refund or at least for them to pay the costs of repairs. If you don't get anywhere, you may have to consider taking them to court.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi GG,

Not exactly no rights - Second hand goods and your rights | Consumer Information

Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a business’ i.e a second-hand car dealer. You do not have any legal recourse as regards quality where you are buying through an individual who is selling an item as a one-off private sale (although they must have legal title and it must be as described in the advert).
Three statutory rights are... What are my statutory rights? | Consumer Information

Here is a template letter - choose not as described.

If nothing happens within 14 days start a small claim - Making a Small Claim | Consumer Information

Make this clear in the letter.

Tony

BTW I assume you paid with cash
 

Georginazn

Moderator
Apr 22, 2009
290
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What a terrible shame - you have my sympathy.
I have pledged to myself to resist all private purchases as I have realised I am too gullible! If someone tells me something, my first reaction is to believe them. Sometimes however people lie!! If you are an honest person yourself it is very difficult to keep this in mind, and you are not alone in getting stung for being trustworthy and therefore expecting trustworthy treatment.
I really hope you get a just outcome, but you may have to go through the trial and costs of the court to reach it. Good Luck.