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Caravan Blackhorse - Caravan HP problems.refund issues..**WON VIA FOS**


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Why are they not taking the caravan back with a full refund ?

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They want me to take back the caravan that was traded in over a year ago.

 

 

Since it was traded in, that caravan has depreciated in value by £2500, it has now lost its water ingress warranty which would still be in effect until 17th Oct 2017 if the caravan had been serviced annually, so if there are any water ingress problems between now and 17th Oct, we would have to pay to have it rectified.

 

 

In essence the caravan is no longer the same was when we traded it in as value has changed and it no longer has the warranty.

 

Lastly the caravan that was rejected is 8' wide which then allows me to get around the bottom of the island bed easily as I have mobility issues.

 

With the caravan that was traded in, it is very difficult or me to get around the bottom of the bed and was causing me hassles which is why it was traded in for the wider caravan.

 

 

even if we took back the trade in caravan, we cannot use it.

I have not mentioned this to them as I feel it is none of their business that I have a mobility disability.

 

If we can show that the current caravan was still within the 30 day rejection period even though it was eleven months old, we should get back all our repayments, compensation and also the deposit.

 

Initially when we rejected the caravan all we wanted was a replacement caravan and had no interest in compensation for loss of enjoyment and lost holidays, but the finance house have decided that they are above the law and are playing hard ball so we want to do the same.

 

We are seriously considering using a solicitor to draft a letter to the finance company as we clearly have the law clauses 10, 11, 12 of section 20 of CRA 2015 on our sides regarding the traded in caravan and a monetary pay out instead of taking the traded in caravan back.

The issue now is finding a solicitor in our area, Worcestershire, that is an expert in Consumer law.

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The long and the short of tho post. Already been answered.

 

Finance compay are refunding all payments and cancelling the finance. Caravan is being returned to the original owner to make them whole AND a hefty sum of compensation has been offered to cover all this.

 

Like I said on your other post, I think this is fair.

Your getting everything back plus some. The caravan has not depreciated by £2500. You can get a copy of the water certificate.

I think your just miffed off to be honest and see this episode as a cash cow to get your own back for the inconvenience of having to reject a caravan.

 

To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

 

 

The only thing is the water cert. As stated you can get a copy of this.

 

I believe your just trying to get the book price for your caravan in cash as it were, instead of getting your original goods back, but that is what Is required. You put the link up and that's what it says.

And you have been offered compensation above and beyond. Your not out of pocket

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that's an under statement!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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several threads merged for you

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

 

This is from the act

 

 

Forgive repost as a mod has just merged the threads as I was posting.

 

Again correct me if I'm wrong, you stated that you were getting all the finance payments back plus your trade in plus compensation

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Thanks DX I raised the separate threads as different questions to the original question and thread.

 

 

The finance company have not offered back any of the repayments made

and have not offered back the over payment which is actually over £800

 

 

they are in essence subsiding the compensation money with my own money!

we would lose a lot of money and certainly not be back in the same financial situation we were in prior to the purchase.

 

As said initially all we wanted was a replacement caravan and we were not interested in compensation

however it seems obvious that the finance house is working in its own interest

and is trying to skirt around the law and short change us.

 

 

Even some of the repayments back would be okay

however if we can prove it is still within the 30 day waiting period ,

it will be all the repayments because of the finance house being so difficult!

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I think you have to just get on with it sending a letter before claim setting out your full position.

 

It might help you, if you posted up what particulars of claim you are likely to issue and what amount you have calculated to put you back in the same position. Then you can have discussion on basis of claim you are making.

 

The trade in should not be relevant, as the dealer gave it a value and effectively bought it from you as part of the purchase settlement of the new caravan. All you are concerned about is the new caravan and the defects you registered within 30 days, which the dealer has failed to fix.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The rejection has been accepted by the finance house so that is not the issue.

The issue is the finance house not wanting to refund the over payment which is in excess of £800,

not refunding any of the normal repayments made,

insisting I take back the traded in caravan which has deprecated in value

and we cannot use anyway even if we did take it back.

due to my disability as it is a narrower caravan than the current one.

 

 

We do understand that there can be a deduction for use,

but surely not all the repayments especially as it was out of use for 3 months being repairs over time plus 3 months in storage?

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Ok, so what is the difference between any overpayment and 'usage value' ? Presumably that is the value of your claim that is left ? If not, perhaps you can explain with a calculation breakdown.

 

The caravan you traded in is totally irrelevant and none of the finance companies business. The dealer bought your traded in caravan and you would think they would have sold it by now. If they have not sold it, why would you want to buy it back at the traded in value you got for it, when as you say it might have reduced in value.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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As per the CRA 2015

the finance company is responsible for returning the deposit and not the dealer as the supplier is the finance company.

 

 

The overpayment is the extra we paid over and above the normal payment each month.

 

 

We are wondering why a caravan with a popular layout is still on the dealer's forecourt unless there is no something wrong with it?

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Update.

Spoke with solicitor this morning and they confirm that although 11 months old, the caravan is still within the 30 day rejection window which does change things considerably.

 

 

Secondly

as the condition of the trade in caravan has changed due to age,

people viewing and warranty being lapsed

it is no longer the same caravan as traded in.

 

 

It has been suggested that if the finance house still argue this point,

then we should appoint an independent approved workshop technician to check it over as that will probably put the finance house on a back foot.

 

Another alternative is for another dealership to undertake all future warranty work and for the caravan to be returned to the factory for the warranty work as it is quite major due to damage done by the dealer from whom we bought which is about £1000+.

 

 

We do like the caravan but cannot handle the poor workmanship of the repairs done by the current dealership.

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We are really having a bad year with retailers. We rejected a caravan and this has been accepted so we put a deposit of £1000 using a CC down on another 2017 caravan. Collection date was put down as "TBA" as we are waiting a payout for the rejected caravan.

 

When we went for a second look we asked for some very minor stuff to be done on the caravan which would have been part of the pre-delivery inspection anyway. The dealership is 150 miles away from our home.

 

A few days later after signing the order and paying the deposit I sent an email to their sales department and asked for an upgrade, but got no answer. I also sent an email to their admin department pointing out that our address had been written down wrong and asked them to update the details and to confirm the update. No answer. I then emailed the sales department again to query a Paintseal application and got no reply.

 

Finally I sent an email "FAO Managing director" asking why no one was responding to emails. The reply was that they were cancelling my order and refunding me the £1000. We were gobsmacked, but maybe if that is their attitude we are better off taking our business elsewhere.

 

In the meantime as we had a contract for delivery of the caravan which was already in stock and were expecting to take delivery of the caravan in August we had paid upfront for a Paintseal application, for a tracking device and also a custom made front towing cover for the caravan.

 

The Paintseal and tracker we can get a refund however as the front cover was custom made for the caravan we cannot get a refund and it cannot be used on any other brand of caravan.

 

Can we claim for the front towing cover as we thought we had a contract for the caravan to be supplied? Is this breach of contract?

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hey great to see you are getting somewhere.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Its a custom made bespoke item.

Just like if you get a custom made ring or necklace. Its custom made... Special... For you.... No one else.. That is what custom made means.

 

However if its just for the model of caravan then its a extra fixture for that model and not custom made.

 

You need to expand on why is it custom ( or not )

 

Is it to do with the vehicle towing the caravan? Is that y its custom?

 

Admin can you merge this thread with the others on this subject on tho matter

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Its a custom made bespoke item.

Just like if you get a custom made ring or necklace. Its custom made... Special... For you.... No one else.. That is what custom made means.

 

However if its just for the model of caravan then its a extra fixture for that model and not custom made.

 

You need to expand on why is it custom ( or not )

 

Is it to do with the vehicle towing the caravan? Is that y its custom?

 

Admin can you merge this thread with the others on this subject on tho matter

 

It now seems obvious that you do not read through posts properly and then make totally unrelated suggestions as it seems you do not understand the context of the post and then offer poor advice. This has absolutely nothing to do with the other thread. I think I was very clear in my post also regarding the question asked. Thank you for trying.

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The Paintseal and tracker we can get a refund however as the front cover was custom made for the caravan we cannot get a refund and it cannot be used on any other brand of caravan.

 

 

I do read... You just don't want to expand on info...

 

Brand of caravan... Be specific.

Brand as name or model?

Custom made front towing cover. That's what you need to expand on. Your asking can you get a refund.

 

Explain how it is custom made.

If it is made SPECIFICALLY for you, a one off, absolutely bespoke.

If its made for the caravan/ towing vehicle and could fit another.

 

Stop thinking I'm being obtuse, I'm not. You need to be more specific.

 

I know what your doing, your thinking of adding the cost to a claim. Not looking for refunds.

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The Paintseal and tracker we can get a refund however as the front cover was custom made for the caravan we cannot get a refund and it cannot be used on any other brand of caravan.

 

 

I do read... You just don't want to expand on info...

 

Brand of caravan... Be specific.

Brand as name or model?

Custom made front towing cover. That's what you need to expand on. Your asking can you get a refund.

 

Explain how it is custom made.

If it is made SPECIFICALLY for you, a one off, absolutely bespoke.

If its made for the caravan/ towing vehicle and could fit another.

 

Stop thinking I'm being obtuse, I'm not. You need to be more specific.

 

I know what your doing, your thinking of adding the cost to a claim. Not looking for refunds.

 

I am sorry but your questions are totally irrelevant and you are getting mixed up with the other thread and this has nothing to do with the other thread.

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Your last paragraph states

 

Can we claim for the front towing cover as we thought we had a contract for the caravan to be supplied? Is this breach of contract?

 

In short no, as your not being specific in why you claim its custom ( or not)

 

I take it this is a completely different caravan company not relating to your issue with blackhorse/caravan company.

 

Your not having much luck are you

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Correct. The cover is custom made to fit a specific model of caravan which is 8' foot wide and will not fit any other type of caravan. It can only be used on a single brand of caravan made in 2017 as it is custom made and not a universal towing cover which will fit most makes of caravan.

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well id say its NOT a custom made part as it is designed for a particular model of caravan. its custom to that model, not custom to your caravan specifically

its not bespoke

its like i need a new air filter for my car. i have to buy the part that fits my brand of car , it does not mean its a custom air filter

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  • 2 months later...

great news

thread titled amended

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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