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TOPIC: Help! We're new here and we have damp!

Help! We're new here and we have damp! 2 weeks 2 days ago #440248

  • JudithJourneys
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Thanks for the posts showing how you've managed to tackle this. We're going to await the results of the service on Monday and then as my other half has his first couple of weeks off since spring, hopefully enjoy a couple of nights away in her (if I can take my mind away from the diapppintment) whilst deciding the best course of action.

What is the situation with rotten floor? I guess that's worrying me more than the soft wall! How is that repaired? I'm hoping we might be able to tackle the jobs ourselves but equally we are not knowledgeable DIY enthusiasts. However nor do we have a spare couple of grand sitting around!
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Help! We're new here and we have damp! 2 weeks 2 days ago #440252

  • otherclive
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Re the floor as with the walls it will all depend on the outcome of the damp readings. If they are high where the level has caused or could cause structural damage the action would need to be discussed. The leak source would be tackled and then the van dried out. After which the floor softness may have reduced or gone. Then if it’s reduced resin injection might be a DIY option. Alternatively the technician doing the damp test may recommend further intrusive examination to assess the floor. You will have to be guided by the professional judgement of the technician.
Skoda Superb 2.0 TDi SE CR 170ps 4x4 carrying two Springers, Sprite Musketeer TD 2013, and Vango 300 Icarus tent too.
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Help! We're new here and we have damp! 2 weeks 2 days ago #440256

  • Raywood
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Sorry to hear of your problem. Basically if the caravan was advertised as damp free then this appears to have been an incorrect statement that induced you to buy and legally you can now ask for your money back. Enforcing your legal rights against an individual rather than a dealer is far more difficult in many cases though, but I would contact the vendor and tell him what you have found and see if he is willing to do anything. Unless the caravan had been damp checked before the sale I do not see how the vendor could say it was damp free so you might ask on what basis he made the statement.
If you are having the caravan serviced then the engineer should include a damp check and the extent of any problem should then become clear and he should be able to give you an idea as to the cost of any repair. Possibly then is the time to review your options as to how to proceed.
It is too late now, but unless you know the subject it is probably worthwhile getting an engineers report on a caravan before buying privately.
Ray
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Help! We're new here and we have damp! 2 weeks 2 days ago #440263

  • ProfJohnL
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The Consumer Rights Act (CRA) does not differentiate between dealers and private sales, the same basic liability lies with the seller to accurately describe the gods in the contract. It is the buyers responsibility to make sure the goods being considered are fit for intended purpose, and to make all appropriate enquiries before the contract is agreed. However it would inappropriate for potential buyers to dismantle a product before purchase in every case, so it is there is some latitude which is judged on an individual basis where hidden faults may not be the judged the liability of the seller in second hand goods.

So if the potential buyer asks a pertinent question such as "Has this caravan ever suffered with damp?" the seller is legally obliged to answer accurately. If they seller says "No it has not" then it is a clear breach of contract if there is or ever has been damp, but if the seller responds with "Not as far as I am aware" then the buyer should look carefully and establish the fact before purchase. So questions and answers are particularly important.

This will be a civil matter, and if it goes to arbitration or court, the judgement will be be based on the balance of probabilities, so it will be up to the buyer to evidence the fact the seller was actually aware of the problem before they sold the goods, and thus lied in their description of the goods.

If it were a dealer sale, the court will assume the dealer will have some expert knowledge of these things and should have been have found the such a problem before the caravan was offered for sale. A private seller who is not a recognised trader or dealer, may be able to sustain a plea of ignorance, but it is not certain and would depend on the individual circumstances.
Unless I use quotes, All advice and opinions given are my own and are given in good faith. Never act on anything you read on a forum unless you can validate and verify its source and content.
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Help! We're new here and we have damp! 2 weeks 9 hours ago #440330

  • Raywood
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My point on this one was that the caravan was apparently advertised as damp free which was clearly a misstatement. On that basis the claim against the seller should be well founded but pursuing a private seller is often far more difficult but it should not stop the OP trying but what he does might depend on he extent of the problem.
Ray
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