When things go wrong with a new caravan or camper trailer

by Allan Whiting | Feb 19, 2019

CAMPING – BUYING ADVICE

WHEN THINGS GO WRONG WITH A NEW CARAVAN OR CAMPER TRAILER

Warranty disputes can spoil a new purchase.

Many caravan and camper-trailer owners have major problems and cannot get makers or dealers to rectify them. They face serious time-wasting and frustrating hassles, trying to have their legal rights respected and complied with.

Quite often, owners are bitterly disappointed after lodging complaints with the ACCC, or state consumer affairs and fair trading authorities, to find that
it’s not a simple matter to force compliance with Australian Consumer Law.

Often, their next option is to take legal action, but without any court or tribunal experience and without sufficient knowledge of the VSB1 and ACL requirements
and provisions, most owners realise that they need to engage solicitors to handle their cases.

It’s almost certain that the maker or dealer will have prior legal advice and court experience.

Unlike many accident compensation cases, where solicitors are happy to pursue legal action free of charge, pending a successful large settlement in which
they share, the pursuit of repair work or relatively small cash compensation isn’t likely to attract FOC legal work.

Solicitors’ fees, just for initiating a legal action, are often unaffordable or unjustifiable. In addition, backup for legal action, in the form of a professional
engineering report or the testimony of expert witnesses may well cost a few thousand dollars.

The Caravan Council of Australia is endeavouring to slash the cost of having a Letter of Demand sent to caravan and camper trailer makers and dealers.
The CCA has consulted with highly-experienced solicitors and professional engineers and has come up with an effective, low-cost alternative procedure
to the current expensive litigation process.

Rather than requiring a complete legally-acceptable expert witness report, an engineer will provide a signed succinct, preliminary engineering report to
a solicitor, who will compile and forward a Letter of Demand to the maker or dealer.

The preliminary engineering report will be solely based on information provided by the caravan or camper trailer owner.The owner will be required to provide
a statutory declaration, certifying that all information and documentation supplied to the engineer is true and correct, and pertains to the subject
caravan.

For more information on this initiative, come back to us at info@outbacktravelaustralia.com.au and we’ll forward your enquiry to the CCA.

Below is the Letter of Demand template:

< Company Name >< Address >

< Address >

Preliminary Engineering Report < email >

< Telephone >

< Fax >

Report No:XXXXXXDate:XX XXXXXX 2019

XXXX

XXXX

Dear Mx XXXXXXX

re: Preliminary Engineering Report – <Brand> Caravan Compliance / Defects Issues

In response to your XXXXX of XX XXXX 2019, and the information that you provided on XX XXXX 2019, I supply this Preliminary Engineering Report,
to you.This Report is based solely on what you have advised me – either verbally or via the supplied documentation – and
is intended solely for use in discussions between yourself and your Solicitor. It
is not an Expert Witness Report, but would form the basis of such a Report – after all of the
statements were confirmed as being true and correct – should you decide to take legal action against the Supplier.