Mr Williams
Earlier this month (November 2019) I was able to get a full refund under the Consumer Credit Act, section 75, for a caravan I had bought from Campbells Caravans & Motorhomes (Preston) in 2017. Following the purchase in 2017, I had found quality faults straightaway, which were reported to Campbells within the first six months (eg, ceiling lights not switching on and off properly, front window panels misaligned, edging strips peeling away, permanent marks on the upgraded wipe-clean upholstery on a front seat, etc). I returned the caravan to Campbells (at my expense re: travel costs) for repair in the same year, and the front seat was replaced in 2018). The quality issues continued in 2019, eg, the front window panels still misaligned, edging strips continuing to peel away, together with bubbling of the roof decals, and the surrounding of the large skylight becoming detached. On more than one occasion, Campbells were given the opportunity to make full reparation, as per their legal obligations under the Consumer Rights Act 2015 (CRA), which they refused to acknowledge. As their emails to me confirmed, they continued to deny their responsibility to repair the caravan’s faults without any cost being incurred by me, and, instead, attempted to pass the responsibility for repair onto Lunar Caravans ‘warranty’ schemes and even onto me, citing “wear and tear” issues (without examining the caravan). The after-sales manager even informed me that there was no record of my having reported any faults within the first six months of purchase (I was able to prove otherwise, thankfully). When I informed Campbells after-sales manager that I would apply for a refund due to their failure to meet their legal obligations under the CRA, Campbells (wrongly) told me that any refund would only be that of the market value of the caravan, which would be reduced further due to wear and tear issues. The CRA clearly states that this is not so. Campbells’ after-sales manager’s email to me stated that the decision was “final” and I had no further response from them in relation to the matter, other than a generic email sent later to inform me that Lunar Caravans had gone into administration (which had nothing to do with my case, as my contract of purchase was with Campbells (the retailer), not Lunar Caravans (the manufacturer). As I was able to provide evidence that I had paid an initial deposit payment by credit card to Campbells (£1000), I was able to approach the bank (credit card company) under the Consumer Credit Act (section 75) and claim a refund for the whole price of the caravan from them (it is then up to the bank to claim the money from the retailer). I was able to prove that I had reported faults within the first six months, and that Campbells had not fulfilled their obligations to me under the CRA, so was able to claim a full refund in 2019 from the bank for the 2017 purchase price of £21500 (and they also paid me a contribution towards the ancillary items that I had purchased specifically for use with the caravan). My advice is to know your rights under the law, and don’t let the retailer try to distract you with talk of warranties or what it says in the handbook (they may not know the law). The CRA is law and takes precedence over any warranties or handbook contents.
4 years ago
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