0:00:02 > 0:00:04I've been battling your consumer rights for years,
0:00:04 > 0:00:07but some companies still aren't getting the message.
0:00:07 > 0:00:11The main aim of companies is profit, they don't care about customers.
0:00:11 > 0:00:14Day in, day out, thousands of you are still being taken for a ride
0:00:14 > 0:00:16and it's always the same old things -
0:00:16 > 0:00:20shoddy products, small print and bad customer service.
0:00:20 > 0:00:24In terms and conditions, they use words people don't understand.
0:00:24 > 0:00:28Some firms are driving you barmy, causing you sleepless nights
0:00:28 > 0:00:31and making you feel like you're the one to blame.
0:00:31 > 0:00:35But don't despair because I'm here to take up the fight
0:00:35 > 0:00:37and make sure that you don't get done.
0:00:40 > 0:00:43Most products that we buy in our life
0:00:43 > 0:00:47at some point will need a repair,
0:00:47 > 0:00:49whether it be a brand-spanking-new motor
0:00:49 > 0:00:53or a very prized ornament.
0:00:53 > 0:00:56At some point, they're going to need a service or some TLC.
0:00:56 > 0:00:59But sadly, not all repairs...
0:00:59 > 0:01:01are permanent.
0:01:03 > 0:01:06This is the Hunter family and this is their caravan.
0:01:06 > 0:01:12They bought their Jubilee model from well-known caravan-makers Swift five years ago.
0:01:12 > 0:01:16The dream was to enjoy family holidays up and down the country
0:01:16 > 0:01:19but only weeks after buying the caravan,
0:01:19 > 0:01:22the dream turned into a nightmare.
0:01:22 > 0:01:25I know people who have had caravans for 20 years
0:01:25 > 0:01:27and they're still using them.
0:01:27 > 0:01:32We thought we could get our children's holidays,
0:01:32 > 0:01:34while they were at school, in that caravan,
0:01:34 > 0:01:37- but it doesn't look like it's going to last.- No.
0:01:38 > 0:01:41It all started in February 2008,
0:01:41 > 0:01:44just before the birth of their second child.
0:01:44 > 0:01:45Helen came into some money,
0:01:45 > 0:01:48so they splashed out £10,390
0:01:48 > 0:01:51on a brand-new five-berth Swift caravan,
0:01:51 > 0:01:54purchased from a Swift-approved dealer.
0:01:54 > 0:01:58We thought, "What better than to buy a brand-new caravan?"
0:01:58 > 0:02:01so we would have the reassurance of a warranty,
0:02:01 > 0:02:04and to buy it from an approved dealer
0:02:04 > 0:02:09so that if we did have any problems, we would have some backup there.
0:02:09 > 0:02:13And just as well they did, because almost straight away
0:02:13 > 0:02:14there was a problem.
0:02:14 > 0:02:17- We had a cold spell...- Yes.
0:02:17 > 0:02:22..and we noticed that there was ice coming in through the seams.
0:02:22 > 0:02:25Helen and John took photos of the ice.
0:02:26 > 0:02:31We thought at that point, "Hang on. Something can't be right. We've got water coming in."
0:02:31 > 0:02:34They got straight back in touch with Swift and the dealer
0:02:34 > 0:02:37and the caravan was fully repaired under warranty.
0:02:37 > 0:02:41I just thought it was a one-off, we'd been a bit unlucky.
0:02:41 > 0:02:44But 12 months on, in February 2009,
0:02:44 > 0:02:47the caravan failed its first annual service.
0:02:47 > 0:02:50We weren't aware that there were any problems,
0:02:50 > 0:02:54but it showed high damp readings.
0:02:54 > 0:02:56Since they bought the caravan in 2008,
0:02:56 > 0:03:00it's been in for repairs not once, not twice, not even three times.
0:03:00 > 0:03:03It's been repaired seven times
0:03:03 > 0:03:07and, to date, it's failed all but one annual service.
0:03:09 > 0:03:13It has to be serviced every 12 months to keep the warranty going.
0:03:13 > 0:03:19All of those services, it's had water ingress in different areas.
0:03:19 > 0:03:22This means it's had leaks and damp issues.
0:03:22 > 0:03:26All four sides of the caravan have been affected on separate occasions,
0:03:26 > 0:03:29and twice in the same area.
0:03:29 > 0:03:31It's becoming just a joke now.
0:03:31 > 0:03:35Over the years, the family say they've had to cancel numerous holidays
0:03:35 > 0:03:39and are now in a position where they can't use the caravan at all.
0:03:39 > 0:03:44Helen and John even have photos of mushrooms growing inside! Eurgh!
0:03:44 > 0:03:46Last...
0:03:46 > 0:03:48February,
0:03:48 > 0:03:51um, when we'd been away
0:03:51 > 0:03:55and my little girl's bedding had mould growing on it,
0:03:55 > 0:03:57I said, "Enough's enough. No more.
0:03:57 > 0:04:02"I'm not prepared to continue to use a caravan in this condition."
0:04:02 > 0:04:05The Hunters are not happy campers.
0:04:05 > 0:04:09The question is, can I help resolve this caravan crisis?
0:04:09 > 0:04:12I've come all the way to Formby, just outside of Liverpool,
0:04:12 > 0:04:16to have a chat about a caravan, of all things.
0:04:26 > 0:04:30- Hi there! Nice to meet you. - Nice to meet you.- John!- Hi, Dom.
0:04:30 > 0:04:33- Do you want to come in? - Yes, please. Thanks.
0:04:33 > 0:04:35- Nice house.- Thank you.
0:04:38 > 0:04:41So, Helen and John, nice to meet you.
0:04:41 > 0:04:45- You're not happy with your caravan, though, are you? - No, we've had lots of problems.
0:04:45 > 0:04:50What made you go out and spend over £10,000 on a caravan?
0:04:50 > 0:04:55Well, we'd had a lot of years being very busy, working on the house,
0:04:55 > 0:04:57and not spent lots of time as a family.
0:04:57 > 0:05:02I was expecting our second child at the time
0:05:02 > 0:05:04and we'd had a tough time,
0:05:04 > 0:05:07and Victoria was quite poorly when she was first born,
0:05:07 > 0:05:13so we thought it'd be nice for us to be able to have some quality family time together
0:05:13 > 0:05:16and be able to do things at our own pace.
0:05:16 > 0:05:20This was an exciting period when you're hoping to turn a corner and start to have a better life
0:05:20 > 0:05:23- and put whatever problems you've got behind you.- Definitely.
0:05:23 > 0:05:27- What's so good about it?- You have to experience it, don't you?
0:05:27 > 0:05:29And there's some nice people go caravanning.
0:05:29 > 0:05:32- We've met some nice people, haven't we?- Yes.
0:05:32 > 0:05:36People with interests like ours, people who like outdoor things.
0:05:36 > 0:05:39You're caravanners through and through. You love it!
0:05:39 > 0:05:41- You do, don't you?- BOTH: We do.
0:05:41 > 0:05:45But their love for their caravan has definitely been dampened.
0:05:45 > 0:05:49Service after service has failed, repair after repair hasn't worked.
0:05:49 > 0:05:52With seven lots of issues in five years,
0:05:52 > 0:05:54it's no wonder they want rid.
0:05:54 > 0:05:58- Now we have no faith in the caravan at all.- No.
0:05:58 > 0:06:02We feel as though, if we have the caravan repaired again,
0:06:02 > 0:06:06it will only be a matter of months until we have another problem.
0:06:06 > 0:06:11If they had been able to afford to part-exchange the caravan for a new one, they would have
0:06:11 > 0:06:13but this would cost thousands.
0:06:13 > 0:06:16We genuinely weren't expecting to have any problems
0:06:16 > 0:06:20because we'd done all of the things that you think are the right thing to do
0:06:20 > 0:06:24when you make a big investment, like buying a caravan.
0:06:24 > 0:06:26We went to a main dealer,
0:06:26 > 0:06:29we bought a brand-new caravan with a warranty,
0:06:29 > 0:06:31we did everything we could
0:06:31 > 0:06:34to make sure that we would be protected against any problems,
0:06:34 > 0:06:35and we weren't expecting to have any.
0:06:35 > 0:06:40The caravan has always been repaired through an approved dealer and under warranty.
0:06:40 > 0:06:44Swift themselves have acknowledged these repairs where necessary
0:06:44 > 0:06:47and, accordingly, have extended the warranty to ten years
0:06:47 > 0:06:50to cover damp and leaks, known as ingress,
0:06:50 > 0:06:53so at least the Hunters haven't been out of pocket.
0:06:53 > 0:06:56Did you ever say, "We don't want it any more" or "Give us our money back"?
0:06:56 > 0:07:00All we were ever saying was, "We want you to take it back and look at it
0:07:00 > 0:07:04"and see what's gone wrong, why we're having these problems"
0:07:04 > 0:07:09but every time we tried, we got the same answer -
0:07:09 > 0:07:13"We don't take caravans back. You need to go back to the dealer."
0:07:13 > 0:07:16A couple of years ago, the dealer they bought the caravan from,
0:07:16 > 0:07:19and who carried out five lots of repairs, went bust,
0:07:19 > 0:07:23so Helen and John had to use a different Swift-approved dealer
0:07:23 > 0:07:26for their latest two lots of repairs.
0:07:26 > 0:07:29They submitted another warranty claim for the repair to be done
0:07:29 > 0:07:33but they also contacted Swift to say that, in their opinion,
0:07:33 > 0:07:36their recommendation was that Swift recall the caravan
0:07:36 > 0:07:39for inspection and repair at the factory.
0:07:39 > 0:07:42And what did Swift say about that?
0:07:42 > 0:07:46They wrote to us and said that they would take the caravan back
0:07:46 > 0:07:49to be inspected and repaired at the factory,
0:07:49 > 0:07:52which we were quite stunned about,
0:07:52 > 0:07:55because they'd always declined to do that.
0:07:55 > 0:07:59The bad news was that the Hunters would have to wait five months
0:07:59 > 0:08:01before Swift could take it into the factory,
0:08:01 > 0:08:03and whilst they're waiting,
0:08:03 > 0:08:05the caravan isn't in a fit state to use.
0:08:05 > 0:08:09The walls are so wet and spongy and the floor is so spongy,
0:08:09 > 0:08:11I'm not convinced it's safe
0:08:11 > 0:08:15for the children to even be in that environment.
0:08:15 > 0:08:20And really, for Swift to think it's OK for us...
0:08:20 > 0:08:24to continue to use the caravan in that condition is unacceptable.
0:08:24 > 0:08:29With all four sides of the caravan affected by damp over the years,
0:08:29 > 0:08:34I don't blame them for not having confidence in their caravan any more.
0:08:34 > 0:08:36We bought the caravan in good faith,
0:08:36 > 0:08:40we expected the caravan to be fit for its purpose,
0:08:40 > 0:08:42for it to be all-weathers
0:08:42 > 0:08:44and for us to be able to use it through the winter,
0:08:44 > 0:08:47- and that hasn't been the case, has it?- No.
0:08:47 > 0:08:50So, at what point does Swift as a company
0:08:50 > 0:08:54look at our caravan and say, "We've spent enough money on this caravan now"?
0:08:54 > 0:08:57In an ideal world, what would you like?
0:08:58 > 0:09:01In an ideal world, we'd love them to replace it
0:09:01 > 0:09:04but...they're not going to, are they?
0:09:04 > 0:09:08Helen and John feel they've got as far as they can with Swift
0:09:08 > 0:09:12and I can understand why they want a new caravan now.
0:09:12 > 0:09:16How does it feel having the caravan on the drive, knowing that you can't use it?
0:09:16 > 0:09:18It's really disheartening
0:09:18 > 0:09:22and it starts to take away the enjoyment, really.
0:09:22 > 0:09:27Instead of looking at the caravan on the drive and thinking how nice it is,
0:09:27 > 0:09:29now it just feels like,
0:09:29 > 0:09:32it just makes me feel ill to look at.
0:09:32 > 0:09:35I can see how much this situation has affected the family's life
0:09:35 > 0:09:37and I want to sort it out.
0:09:39 > 0:09:42I tell you what seems a real shame to me here -
0:09:42 > 0:09:45this family's spent over £10,000 five years ago on a caravan,
0:09:45 > 0:09:48and the whole idea was that it brought them pleasure
0:09:48 > 0:09:51but all they've had is an awful lot of inconvenience.
0:09:51 > 0:09:55Let's see what Swift have got to say about this.
0:09:58 > 0:10:02Before I start, I like to know a bit more about who I'm dealing with.
0:10:02 > 0:10:06Swift have been in operation for over 50 years
0:10:06 > 0:10:11and are Europe's number one manufacturer of caravans, motor homes and holiday homes.
0:10:11 > 0:10:13According to their website,
0:10:13 > 0:10:18they're "revered as the thoroughbred of the touring caravan world".
0:10:18 > 0:10:22Well, unfortunately, Helen thinks her caravan is less than thoroughbred.
0:10:22 > 0:10:25It's time for me to call Swift myself.
0:10:25 > 0:10:29Hi. Good afternoon. It's Dominic Littlewood, calling from the BBC here.
0:10:29 > 0:10:30'I get through to reception.'
0:10:30 > 0:10:33Somebody purchased one of your caravans a few years ago
0:10:33 > 0:10:36and they've had consistent problems
0:10:36 > 0:10:39that they've not been able to get rectified.
0:10:39 > 0:10:42I need to speak to somebody who would be able to comment on that.
0:10:42 > 0:10:47'I'm placed on hold and then told I'm being transferred to someone called Amy.
0:10:47 > 0:10:52'She doesn't want her voice used, but she's happy to speak to me.'
0:10:52 > 0:10:55Let me give you a rough idea of what these problems are.
0:10:55 > 0:10:58The lady and gentleman bought the caravan brand new
0:10:58 > 0:11:01in February 2008.
0:11:01 > 0:11:04They had problems quite soon afterwards
0:11:04 > 0:11:08and it went in for its first repair, which was water ingress.
0:11:08 > 0:11:11'Amy asks me to give her further details
0:11:11 > 0:11:13'so she can go away and look into it.
0:11:13 > 0:11:18'I explained that they'd repeatedly had problems with high damp readings
0:11:18 > 0:11:21'and that Swift had agreed to take it in to investigate,
0:11:21 > 0:11:23'but not for another few months.
0:11:23 > 0:11:26'But the Hunters are sick of repairs and want a new caravan
0:11:26 > 0:11:29'and I think they're within their rights.'
0:11:29 > 0:11:33The problems are still there, they're still evident.
0:11:33 > 0:11:35We got a photograph taken last week
0:11:35 > 0:11:40and it's showing mushrooms growing inside the caravan.
0:11:40 > 0:11:43They don't want the caravan repaired again.
0:11:43 > 0:11:46You've had many attempts, it hasn't happened.
0:11:46 > 0:11:51These annual reports are showing that the problem is quite severe, it's still there.
0:11:52 > 0:11:54They're not happy, obviously.
0:11:54 > 0:11:57I think now, it would be lovely to see if we can try and resolve this
0:11:57 > 0:12:00in a way which they're going to be happy with,
0:12:00 > 0:12:03and a repair is not going to be what they're happy with.
0:12:03 > 0:12:08'I tell Amy that I'll send the details to her in an email and we agree to talk further.
0:12:08 > 0:12:12'I ask Amy what her role is and she tells me she's the deputy MD.
0:12:12 > 0:12:17'This is great news, as it means I'm talking to the right person from the outset.'
0:12:17 > 0:12:19Bye-bye.
0:12:19 > 0:12:23Fingers crossed, going straight to the top will help my case
0:12:23 > 0:12:26and Swift will sort this sooner rather than later.
0:12:29 > 0:12:33Well, true to her word, I've heard back from Amy and it's positive news.
0:12:33 > 0:12:36Because the matter has been brought to her attention,
0:12:36 > 0:12:40Amy can arrange for the caravan to go in to Swift for an inspection right away,
0:12:40 > 0:12:43rather than in five months.
0:12:43 > 0:12:46This is great news and a big step forward.
0:12:46 > 0:12:51However, I've also arranged to get an independent inspection done myself.
0:12:51 > 0:12:53The Hunters have filled me in on the history,
0:12:53 > 0:12:56but if I'm going to get anywhere with Swift
0:12:56 > 0:13:00I need to know exactly what sort of state it's in at the moment.
0:13:00 > 0:13:04Independent engineer John Mackay from Caravancare Limited
0:13:04 > 0:13:05is the man for the job.
0:13:05 > 0:13:08Most caravans have got a wooden structure
0:13:08 > 0:13:13and, um, damp is a major problem if it gets in
0:13:13 > 0:13:17because once water gets in and starts to deteriorate the wood,
0:13:17 > 0:13:20you're going to have structural problems.
0:13:20 > 0:13:24John has brought along a bit of kit that measures damp levels.
0:13:24 > 0:13:28With all the leaks, and the Hunters reporting mould and fungus inside the caravan,
0:13:28 > 0:13:32I'm keen to know exactly what these readings are.
0:13:33 > 0:13:370 to 15 percent is classed as normal readings.
0:13:37 > 0:13:4020 percent and above would require some investigation.
0:13:40 > 0:13:42Readings above 30 percent are serious
0:13:42 > 0:13:46and could be signs of structural damage.
0:13:46 > 0:13:51OK, well, in this area, I'm getting readings between 20 and 35 percent.
0:13:51 > 0:13:55I do believe this has been replaced since the last inspection in January
0:13:55 > 0:13:58so I would expect this to be reading normal...
0:13:58 > 0:14:00normal readings now.
0:14:00 > 0:14:03The floor's also high, as well, in the same area.
0:14:03 > 0:14:07Gordon Bennett! And this is in an area that has already undergone repairs.
0:14:07 > 0:14:10It begs the question, were the repairs done correctly?
0:14:10 > 0:14:13But there's more.
0:14:13 > 0:14:18On this section, I can see there's damp or ingress problems before I even put my meter in.
0:14:18 > 0:14:21Let's see what readings we're getting.
0:14:21 > 0:14:26I'm shooting right up here anything up to 90, 92 percent, which is...
0:14:26 > 0:14:31I can actually put my finger through the wall in this section. It is very, very spongy.
0:14:31 > 0:14:32This is worse than I thought.
0:14:32 > 0:14:36And what about the doorway where the mushrooms were taking hold?
0:14:36 > 0:14:40We're getting high readings again, anything up to 40 percent.
0:14:40 > 0:14:44I do believe that this rail has just been replaced recently,
0:14:44 > 0:14:46so I wouldn't expect to see those readings there.
0:14:46 > 0:14:48Time for John to feed back.
0:14:48 > 0:14:50- Hiya.- Hi, John.
0:14:50 > 0:14:52We've had a good look round the van.
0:14:52 > 0:14:57- As you can see, we've got readings going off the scale.- Really? - 90 percent and above.
0:14:57 > 0:15:02I can put my finger through the wall in the places under the bunk.
0:15:02 > 0:15:05In my opinion, it needs to go back to a dealership.
0:15:05 > 0:15:06What's the highest, John?
0:15:06 > 0:15:10The highest, er, actually went off my meter.
0:15:10 > 0:15:11- Really?- Yes.
0:15:11 > 0:15:14Have you informed the last repairer
0:15:14 > 0:15:18about this mould you found again and damp work?
0:15:18 > 0:15:20- Yes.- And what have they said?
0:15:20 > 0:15:22They referred us back to Swift
0:15:22 > 0:15:27and said that this time, they've recommended that Swift recall the caravan.
0:15:27 > 0:15:30Well, we know that Swift have agreed to take the caravan in
0:15:30 > 0:15:33and there's no way they'll be able to miss these issues,
0:15:33 > 0:15:38so it'll be very interesting to see what they think when they look at it.
0:15:38 > 0:15:41The readings in the majority of the van around the front
0:15:41 > 0:15:43were around 12 percent, which is normal.
0:15:43 > 0:15:47The higher readings were under the two rear bunks and around the toilet area
0:15:47 > 0:15:52where it was ranging from anywhere from 20-25 to over 90 percent.
0:15:52 > 0:15:55This needs sorting out sooner rather than later.
0:15:55 > 0:15:59Now it's down to Swift to look at the caravan themselves.
0:15:59 > 0:16:02John will go along to the inspection as an independent witness.
0:16:02 > 0:16:05Swift will then report back.
0:16:05 > 0:16:08I'm hoping that at that point, they'll agree to replace it
0:16:08 > 0:16:11because the Hunters are sick to the back teeth of repairs.
0:16:11 > 0:16:16The repairs to the Hunters' caravan have always been done under the manufacturer's warranty,
0:16:16 > 0:16:20which Swift have now extended to compensate them for their trouble,
0:16:20 > 0:16:24so the Hunters have not actually been out of pocket at all.
0:16:24 > 0:16:26Good thing. But it has got me thinking -
0:16:26 > 0:16:30how many repairs do you have to put up with
0:16:30 > 0:16:34before you can quite rightly say, "Enough is enough"?
0:16:34 > 0:16:40Steve Playle from Trading Standards is going to shed some light on our consumer rights
0:16:40 > 0:16:43when it comes to rejecting faulty goods.
0:16:43 > 0:16:46Now, as consumers, we're protected by the Sale of Goods Act,
0:16:46 > 0:16:49but what exactly is it and how does it cover us?
0:16:49 > 0:16:53The Sale of Goods Act covers the basic contract between a consumer and a trader.
0:16:53 > 0:16:57The goods should be of satisfactory quality, fit for their purpose and as described.
0:16:57 > 0:17:00The Sale of Goods Act is an awkward piece of legislation.
0:17:00 > 0:17:03The word "reasonable" is used an awful lot
0:17:03 > 0:17:06and consumers have to be aware that it's not black and white.
0:17:06 > 0:17:09So if you buy a product and it turns out to be faulty,
0:17:09 > 0:17:11how can you get your money back?
0:17:11 > 0:17:15There's a short space of time to reject goods, to get your money back.
0:17:15 > 0:17:19It's not laid down in law, it's just what's reasonable under the circumstances.
0:17:19 > 0:17:23So if you get home, realise the product's not working,
0:17:23 > 0:17:25you have to reject it straight away.
0:17:25 > 0:17:27You can do that by going straight back to the retailer,
0:17:27 > 0:17:29or if you can't do that, put it in writing,
0:17:29 > 0:17:33send it by recorded delivery and spell out in no uncertain terms
0:17:33 > 0:17:35"I hereby formally reject these goods."
0:17:35 > 0:17:40If you're happy to accept a repair or replacement, let the retailer know that's what you'll accept.
0:17:40 > 0:17:46The key thing here is that the liability is with the retailer you purchased the product from,
0:17:46 > 0:17:48not the manufacturer.
0:17:48 > 0:17:51In the case of the Hunters, the dealer where they bought their caravan from
0:17:51 > 0:17:53is no longer in business,
0:17:53 > 0:17:56so they've gone back to the manufacturer, Swift,
0:17:56 > 0:17:59who have agreed to now get involved.
0:17:59 > 0:18:04What if something doesn't go wrong with your product immediately, but later down the line?
0:18:04 > 0:18:07Or what if you've had multiple repairs done
0:18:07 > 0:18:10but they haven't fixed the problem, like in the Hunters' case?
0:18:10 > 0:18:13If the goods go wrong over six months after you've bought them,
0:18:13 > 0:18:17the onus is then on the consumer to prove that the goods were faulty when purchased.
0:18:17 > 0:18:19In those cases,
0:18:19 > 0:18:22it's going to be a case of an expert giving some evidence
0:18:22 > 0:18:24to try and back your case up.
0:18:24 > 0:18:30It could well be reasonable that the fault would take that long to become apparent to the consumer,
0:18:30 > 0:18:33the trader may say different and have an expert to challenge you.
0:18:33 > 0:18:37And this is the stage the Hunters have found themselves at.
0:18:37 > 0:18:41After seven sets of repairs that have failed to fix the problem,
0:18:41 > 0:18:44we've called in an independent expert to file a report.
0:18:44 > 0:18:47But how long do you have to try and get a resolution?
0:18:47 > 0:18:49There's something called a statute of limitations,
0:18:49 > 0:18:52which means you've got six years to bring a claim against the trader.
0:18:52 > 0:18:56You haven't got six years to take something back, which is often confused,
0:18:56 > 0:19:00but six years is the limit for bringing a case when you have a dispute with the trader.
0:19:00 > 0:19:03Luckily, the Hunters are within this timeframe,
0:19:03 > 0:19:06and Steve has some good advice.
0:19:06 > 0:19:11If you think you've been sold something unfit for purpose or not as described,
0:19:11 > 0:19:15take the case on, go all the way to small claims court if you need to,
0:19:15 > 0:19:17but don't give up, be persistent.
0:19:17 > 0:19:23We've had an independent inspection carried out on the Hunters' caravan and it wasn't good news.
0:19:23 > 0:19:26In some areas, the damp readings were off the scale.
0:19:26 > 0:19:31The Hunters are hoping that Swift will recognise this and offer a replacement caravan
0:19:31 > 0:19:34because, after having problems since they first bought it,
0:19:34 > 0:19:38the one thing the family definitely don't want is yet another repair,
0:19:38 > 0:19:41and I can't blame them.
0:19:41 > 0:19:43We just want a caravan back that doesn't leak
0:19:43 > 0:19:46- and hasn't got mushrooms growing in it.- Mm.
0:19:46 > 0:19:49The dealer the Hunters bought the caravan from has now gone bust
0:19:49 > 0:19:52so they turned to the manufacturer Swift.
0:19:52 > 0:19:54They agreed to inspect the caravan themselves,
0:19:54 > 0:19:58but initially said it would be five months before they could look at it.
0:19:58 > 0:20:02I've managed to get them to do it a whole lot sooner, though.
0:20:02 > 0:20:06In fact, the inspection was carried out at the factory a few days ago
0:20:06 > 0:20:10and we've now had an email through from Swift with the results.
0:20:10 > 0:20:14They say that the repairs that have been carried out up to this point
0:20:14 > 0:20:18haven't worked because the wrong parts and sealants have been used.
0:20:18 > 0:20:23They've picked up on the same issues as our inspection and found nothing further.
0:20:23 > 0:20:27They maintain that the damaged parts can be repaired and replaced
0:20:27 > 0:20:31and that they've established where the water is entering the caravan,
0:20:31 > 0:20:34and this can also be rectified by them.
0:20:34 > 0:20:39I need to speak to Swift myself, as I know this isn't the conclusion the Hunters were hoping for.
0:20:39 > 0:20:43They don't want any more repairs. They want a replacement.
0:20:50 > 0:20:54'Time for me to get back on the blower to Amy at Swift.'
0:20:54 > 0:20:56Amy, good morning. It's Dominic Littlewood.
0:20:56 > 0:21:00'I want to sow the seed about a replacement caravan for the Hunters.'
0:21:00 > 0:21:03What we need to do now is establish what you can do.
0:21:03 > 0:21:06What they ideally want is a like-for-like -
0:21:06 > 0:21:10you take the old one back, do whatever you want to do with it
0:21:10 > 0:21:14and, in an ideal world, we deliver them a brand-spanking-new one.
0:21:14 > 0:21:16Hello?
0:21:17 > 0:21:20I was right in the middle of a really important bit there.
0:21:20 > 0:21:24I said, "Why don't you give them another caravan?" and it went dead!
0:21:24 > 0:21:30I don't think she cut me off. I think it was a case of, she's probably lost reception.
0:21:30 > 0:21:32'I call Amy back and we pick up again.
0:21:32 > 0:21:35'She says that they acknowledge the dealer used the wrong parts
0:21:35 > 0:21:37'and are keen to resolve this whole issue,
0:21:37 > 0:21:42'but that Swift need to consider their position - fair enough - so she'll get back to me today.'
0:21:42 > 0:21:44Smashing. That's no problem at all.
0:21:44 > 0:21:47Thanks, Amy. Nice talking to you again. Bye.
0:21:47 > 0:21:50Right, things are getting quite tense now.
0:21:50 > 0:21:53I've had a chat to Amy. I've got to say, she's a very lovely lady.
0:21:53 > 0:21:59I said, "We realise now about these problems and everything else. Let's give her another caravan."
0:21:59 > 0:22:03She said, "I'll chat to the other directors and get back to you this afternoon."
0:22:03 > 0:22:06It's going to be a really tense day for me now!
0:22:06 > 0:22:08Come on, Amy! Don't let me down, girl!
0:22:08 > 0:22:11I've pushed Swift for a replacement caravan
0:22:11 > 0:22:14and they're going away to think about it.
0:22:14 > 0:22:19For me, it's the only fair option, as there have been seven attempts to fix their current one
0:22:19 > 0:22:22and it's still not fit for purpose.
0:22:22 > 0:22:26The Sale of Goods Act says products should be fit for their purpose
0:22:26 > 0:22:28and of satisfactory quality.
0:22:28 > 0:22:33If they don't, there's a breach of the Sale of Goods Act and consumers have certain rights.
0:22:33 > 0:22:36There's a statement - satisfactory quality.
0:22:36 > 0:22:39A ten-grand caravan that's growing mushrooms after seven repairs
0:22:39 > 0:22:43is not very satisfactory to me.
0:22:43 > 0:22:46I think it's perfectly reasonable for the Hunters to get a replacement
0:22:46 > 0:22:49and I think Swift should recognise this.
0:22:49 > 0:22:52But in the wider context, what would the law say if,
0:22:52 > 0:22:57worse-case scenario, the retailer or manufacturer refused to agree?
0:22:57 > 0:23:02That's when you have to decide on the next stage, thinking about county court,
0:23:02 > 0:23:06small claims procedure for anything less than £5,000.
0:23:06 > 0:23:08Get a letter off setting out a time limit
0:23:08 > 0:23:11and let the trader know that you intend to go to small claims court
0:23:11 > 0:23:14unless they resolve your problem satisfactorily.
0:23:14 > 0:23:18Luckily for me and the Hunters, things won't have to get this far with Swift
0:23:18 > 0:23:20and I'm back on the phone to them.
0:23:20 > 0:23:21What are you prepared to do?
0:23:21 > 0:23:24I certainly hope we can get a replacement
0:23:24 > 0:23:28because the Hunters are already looking at models in anticipation
0:23:28 > 0:23:30and been in touch with Swift directly
0:23:30 > 0:23:33to discuss a possible replacement.
0:23:33 > 0:23:36As they have a bigger car and the kids are getting older,
0:23:36 > 0:23:39they're keen to upgrade their model, if possible.
0:23:39 > 0:23:42I'm getting to the nitty gritty with Swift now.
0:23:42 > 0:23:46I'll put that to them and see what they want to do. Thanks, Amy. Take care.
0:23:46 > 0:23:50I've got news for the Hunters. Time to feed back.
0:23:54 > 0:23:58- Hi, Helen.- Hi, Dom.- Hi, John. How are you?- Hi.- All right?- Hi, Dom.
0:23:58 > 0:24:00I've got some news for you.
0:24:04 > 0:24:06- It's driven you mad, hasn't it?- Mm.
0:24:06 > 0:24:10- Tell me about how mad it's made you. - Very angry, but also very upset.
0:24:10 > 0:24:13We've had some stressful times, haven't we?
0:24:13 > 0:24:17It feels like we're under pressure all the time with the stress of it.
0:24:17 > 0:24:22It really has been the worst experience we've ever had because it's gone on for so long.
0:24:22 > 0:24:26One of the problems you've got is, that caravan is five years old.
0:24:26 > 0:24:28Even though you bought it new, it is old.
0:24:28 > 0:24:31Legally, they didn't have to keep doing anything
0:24:31 > 0:24:33other than what their warranty said it would,
0:24:33 > 0:24:35which was sorting out the water ingress.
0:24:35 > 0:24:39I found Swift were actually very concerned about the problem.
0:24:39 > 0:24:44They seemed to want to get it resolved as quickly and as amicably as possible.
0:24:44 > 0:24:48'I know that Helen and John decided they'd ideally like to upgrade their caravan,
0:24:48 > 0:24:51'so I want to know what their thoughts are on that.'
0:24:51 > 0:24:54There is a model which I know you're quite keen on.
0:24:54 > 0:24:57How would you feel about part-exchanging your caravan
0:24:57 > 0:24:59for that caravan?
0:24:59 > 0:25:04We'd love to, but we couldn't afford the difference, could we?
0:25:04 > 0:25:06- No.- Yes. And that's the big problem.
0:25:06 > 0:25:10'Well, hold your horses. It's time for me to break the news.'
0:25:10 > 0:25:13This is what I suggested to Swift
0:25:13 > 0:25:16and Swift came back to us and we started negotiating.
0:25:16 > 0:25:19We talked about your caravan. You don't want to sell it
0:25:19 > 0:25:22because you don't want anybody else to have the problems.
0:25:22 > 0:25:26Part-exchanging it, you're going to get very little for it,
0:25:26 > 0:25:28but there is a caravan you're quite interested in.
0:25:28 > 0:25:31So I started to talk to them about that caravan
0:25:31 > 0:25:35and I tried to get the changeover figure between the two as low as possible.
0:25:35 > 0:25:38'Swift had this to say on the case...'
0:26:04 > 0:26:07'So, after some negotiations, I've done a deal with Swift
0:26:07 > 0:26:12'and got them to agree a price which I know the Hunters would be able to afford.
0:26:12 > 0:26:17'Swift want to keep the details of the agreement between themselves and the Hunters confidential.
0:26:17 > 0:26:20'I've just told Helen and John
0:26:20 > 0:26:22'and I think they're pleased with the news.'
0:26:22 > 0:26:26- You're joking?- No.- Really? - No.- That's fantastic.- Oh, my God!
0:26:26 > 0:26:29- Can I give you a hug?- I like hugs!
0:26:29 > 0:26:32- Not from John!- Thank you so much! - We have to do a handshake.
0:26:32 > 0:26:33That's brilliant!
0:26:33 > 0:26:36It does mean you'll end up with a brand-new caravan,
0:26:36 > 0:26:39new warranty, you're covered by the Sale of Goods Act.
0:26:39 > 0:26:41Hopefully, there won't be any problems with it.
0:26:41 > 0:26:45I personally think that Swift have been very, very generous in what they've done.
0:26:45 > 0:26:49I can't believe it. I really didn't think that they would...
0:26:49 > 0:26:54that they would agree to, you know, even change the caravan.
0:26:54 > 0:26:58I thought we would get the caravan repaired and back again and we'd carry on struggling.
0:26:58 > 0:27:01- It's like a win on the lottery, isn't it?- It is.
0:27:01 > 0:27:03It's the end of an ongoing problem and start again afresh.
0:27:03 > 0:27:06- Start afresh, yes.- Yes.
0:27:06 > 0:27:08To think that we can move on
0:27:08 > 0:27:13and not have to have that same caravan back is just amazing.
0:27:13 > 0:27:16- And your new van, it's beautiful, isn't it?- It's beautiful.
0:27:16 > 0:27:21- You're going to be the daddies on that campsite. - Wow! We absolutely are!
0:27:21 > 0:27:25- Right, that's my job done. I'm off. - Thank you so much.- Thanks, Helen.
0:27:25 > 0:27:28- See you later, guys.- Bye-bye. - Bye-bye.
0:27:30 > 0:27:31- What a result.- It's amazing.
0:27:31 > 0:27:36I never thought in a million years that we'd get a result like this,
0:27:36 > 0:27:39that we'd get not only a new caravan
0:27:39 > 0:27:42but an even better caravan than we had before.
0:27:42 > 0:27:47- And we wouldn't have been able to do it on our own.- No. Absolutely not.- Superb.
0:27:47 > 0:27:53I'm chuffed to have been able to put this five-year problem to bed for the Hunters
0:27:53 > 0:27:56and turn their holiday dreams back into reality.
0:27:56 > 0:28:01They got themselves a brand-spanking-new 2013 model upgraded caravan
0:28:01 > 0:28:03and they are over the moon about it.
0:28:03 > 0:28:06As for Swift, I've got to say, credit where it's due.
0:28:06 > 0:28:09Good on you. You've done yourselves proud.
0:28:09 > 0:28:12Subtitles by Red Bee Media Ltd