Polyplastic window delamination update

[puffin35]

Just finished an exhausting session, replying to nearly 3000 owners who have contacted us from the Caravan Club, this month alone….since July 2009 over 5,200 owners have registered with www.caravanandmotorhomewindowproblems.co.uk

 

Two major design faults are being highlighted, 1…. delamination/separation of inner and outer window layers accounting for just under 70% , affecting most manufacturers from 1997 to present.

 

2….. Inner and outer window layers rubbing together causing internal marking, accounting for 30% of reports affecting some manufacturers from 2004 to present

 

Here is a list of manufacturers affected in order of the number of responses, the first five each have reports in the high hundreds……….

 

Burstner

Abbey

Bailey

Lunar

Swift

 

Coachman

Avondale

Compass

Ace

Sprite

Vanmaster

Sterling

Geist

Eldis

Hymer

Bessacarr

Rapido

Knaus

Fleetwood

 

Owner responses range from:….. no Dealer interest, even after using SOGA,

dealer denial that there is a problem,

dealers gone out of business,

to no replies to correspondence from the dutch manufacturing company or their UK agents..(a number of dealers have told owners to contact Polyplastic and Miriad direct and state they have no liability)

 

One manufacturer Burstner, has introduced a 4 screw repair to hold their windows together, but the majority of owners are experiencing water ingress and distortion.

 

Again we have reports of owners on their 4th replacement due to window rubbing.

 

This is an interim report, based on initial owner responses, we are working on a standard form which will be sent to everyone, who has contacted us, requesting more detail and an emphasis on dealer replies.

 

Still a long way to go, but progress is being made……….thankyou to everyone who has commented on this subject, in the forum…..we are always available for unbiased advice…….

Regards Andrew

 

[Brian Kirby]

With the number of owners affected, it must be the case that there are a number of dealerships who have supplied multiple units.

You have taken on a heroic job, but I wonder if those dealers who have said, in effect, "not our problem", are all small firms who have supplied only a few vans?  If you have been able to identify the dealerships, and among them are large dealerships, or chains, who have supplied numerous units, who are also denying liability, have you considered seeing if Trading Standards will themselves take direct action against the dealer on behalf of those affected.

In cases where a trader consistently ducks his obligations, Trading Standards have the power (and in a number of cases have been willing to use it) to take the offending trader to court themselves, whereas they will not do this on behalf of single individuals.

If those who bought from a recalcitrant dealer get together and collectively approach the same TS office with their complaints, and the evidence of recalcitrance, a conviction - or at least a flurry of activity - may result.  That may then be used as a stick for other donkeys.  Not trying to make your life more complex, and forgive me if you have already pursued this without result, but as a possible spur to dealer activity?

[puffin35]

Thankyou Brian.........you have made some interesting points and it is one area we are looking into, as our owner registrations increase.......we are bringing out a standard reporting form, which will allow cross referencing dealers...

 

One of the major problems is that one caravan/motorhome manufacturer issued a recall, dealing direct with owners and by -passing the dealers, which has caused problems with SOGA.....This is being addressed and will have a final bearing on the case.........Other manufactureres have not issued a recall even though they know that the windows fitted, present a safety risk, again we are working on this.......Also there is now an on going problem with windows with internal rub marks, affecting all makes fitted with Polyplastic windows, something the manufacturer seems unable to correct at this stage.........thankyou for your much appreciated comments.....regards Andrew

[Brian Kirby]

I accept it is Polyplastic who made the duff windows, Andrew, but it is not Polyplastic who are legally liable for the defects.  Neither is it the motorhome manufacturer who bought and fitted the Polyplastic windows.  It is the dealer who sold the caravan/motorhome, and him alone, who has the legal liability.  That was why I suggested a group approach to TS.

If dealers are made to put right the defect, using whose ever windows they can reasonably persuade their customers to accept, they will seek to recover from the caravan/motorhome manufacturers, who in turn (logically) will seek to recover from Polyplastic.

In other words, chase the retailer for redress, and then leave the big boys to fight it out through the courts as they choose.  Sorry if I did not make that line of thinking clear.

[puffin35]

Hi Brian............thankyou for that........we allways make it clear to owners that their contract is with the dealer .......as you say it will take a group action to succeed with this case........if an owner takes a dealer to small claims, it is likely that a judgement would redirect against the manufacturer...we will have to wait and see........at this stage we are an awareness campaign....gathering as much evidence as possible, this is the advice from our legal partners...........thankyou once again for your comments ..regards Andrew