We purchased our brand new Lunar Lexon 640 in March this year, we went away in it several weeks over a three month period, after about 12 weeks we noticed the floor was getting quite springy in the kitchen area and by the time we came home it was getting really soft to the point we tried to avoid standing on it. We took it back to the dealer and their workshop said in their opinion it wasn't delamination. They then got in touch with Lunar who sent a so call expert out have a look at the floor, and in his report he said it was simple delamination and it could be repaired by cutting the floor out from underneath, adding extra bearers and then drilling holes inside caravan floor and pumping resin into it. I then told them I didn't want a repair, I wanted a new caravan or a refund as this caravan is not fit for purpose. Lunar now insist they have to be allowed to effect a repair. We are about at our wits end as our caravan was taken into dealers at the beginning of August and up to today still hadn't started the repair, we have missed the whole of the summer holiday period and still no idea when we'll get it back. This was our first Lunar caravan after always having Baileys, but I wish I had never seen a Lunar now.
2015 Lunar Lexon 640 Springy Floor
- Thread starter Graham265
- Start date
The repudiation point works in the first six months but after that is dicey and I would take legal advice before going further with that as it can all go wrong and cost you dearly. If you are a member of either of the clubs they have a legal helpline and you may also get one with your house insurers or union if you are a member. This would not be a small claims issue so any legal; costs could add up.
If you paid any part by credit card or bought it on HP then the finance company will also have a liability so it may be worthwhile contacting them.
From a technical point of view I cannot say if the proposed repair is sound so someone else may want to comment on this.
This can happen with all types of caravan with this type of floor and is not specific to Lunar and they do seem to have been reasonably quick in dealing with the problem which is more than can be said for many peoples problems you see on this site.
If you paid any part by credit card or bought it on HP then the finance company will also have a liability so it may be worthwhile contacting them.
From a technical point of view I cannot say if the proposed repair is sound so someone else may want to comment on this.
This can happen with all types of caravan with this type of floor and is not specific to Lunar and they do seem to have been reasonably quick in dealing with the problem which is more than can be said for many peoples problems you see on this site.
Hello Graham,
Your automatic right to reject retail goods for a refund or a replacement are quite short lived. - In the case of a caravan, it's not written in stone, it is to some extent dependant on circumstance but it is likely to be only a few weeks, may be a month.
After that period you can still reject the caravan, but your rights are most likely to only extend to allow a repair or possibly a replacement if it cannot be repaired to a satisfactory standard. Generally SoGA will allow for the lowest cost solution - which for your current problem would be a repair.
There is an important time limit, and that is six months from the date of purchase. Up to 6M it is generally the case that any fault arising will need to be redressed by seller unless the seller can prove the fault is not covered by SoGA. Critically after six months, the onus to prove the fault existed falls on the customer.
A good repair can return the product to a fully serviceable condition with no loss of value, but I know you will always have that nagging doubt in the back of your mind.
SoGA is about being fair to all parties, and whilst you should not lose out because of a fault, neither should you gain from the remedy.
If you intend to pursue this matter do look up how to complain on sites like Which? or the Money Saving Expert or seek professional advice.
Your automatic right to reject retail goods for a refund or a replacement are quite short lived. - In the case of a caravan, it's not written in stone, it is to some extent dependant on circumstance but it is likely to be only a few weeks, may be a month.
After that period you can still reject the caravan, but your rights are most likely to only extend to allow a repair or possibly a replacement if it cannot be repaired to a satisfactory standard. Generally SoGA will allow for the lowest cost solution - which for your current problem would be a repair.
There is an important time limit, and that is six months from the date of purchase. Up to 6M it is generally the case that any fault arising will need to be redressed by seller unless the seller can prove the fault is not covered by SoGA. Critically after six months, the onus to prove the fault existed falls on the customer.
A good repair can return the product to a fully serviceable condition with no loss of value, but I know you will always have that nagging doubt in the back of your mind.
SoGA is about being fair to all parties, and whilst you should not lose out because of a fault, neither should you gain from the remedy.
If you intend to pursue this matter do look up how to complain on sites like Which? or the Money Saving Expert or seek professional advice.
I have had issues with faulty good before and the key thing is that you have a contract with the vendor not the manufacturer; any contract the manufacturer has with the vendor is separate (unless of course if you purchased the caravan directly from the manufacturer.) In this case it has gone to the manufacturer and as far as the courts will probably say they have reasonably attempted to make good the faulty materials or craftsmanship. As has been said, returning faulty goods for replacement is all very well and good but the window is short especially after the goods have been used. I would advise talking to the legal teams at your insurers or either club as they will know how the land lies so to speak. Don’t forget any repair will also have to have a full guarantee on the work.
saint-spoon said:
This is an area that is unclear. SoGA relates to the original point of sale, so a repair with no liability or charge to the customer under SoGA is seen as being part of the original contract and thus does not necessarily generate a new SoGA cycle.
However, if you make any sort of payment towards the repair, or you sign an order of any sort to initiate the repair, then that is seen as a new contract and has a new SoGA cover for the repair.
Repairs carried out under the Manufacturers warranty/guarantee will be governed under the terms and conditions of the guarantee. This should set out the liability of the manufacturer over the quality and durability of any repairs, but as above, if you make any sort of contributory payment, then it is a new contract, and a new SoGA cycle will start on the repair.
Its always worth bearing in mind that if a repair uses new components, then the materials these new components are being attached to already have some age, and may not be as strong as the new parts. Its far from uncommon that a repair to a older item is frequently followed by the failure of some associated component that was not replaced as part of the repair. Consequently what might appear as a failure of the repair, may not be.
Thank you for all your help, it's clarified some of the issues we were unsure about. We feel we should be compensated for loss of use in the main summer period . The dealer has had our caravan since 10th of August and no progress has been made on repair whatsoever, all we are informed is that they are still awaiting parts from Lunar. We have now been in touch with the Caravan Club legal department and have been told that we have to let the dealer 'attempt an effective repair in a reasonable amount of time' what would you consider a reasonable amount of time.
Sorry to hear about your problem with the floor , we bought a Lunar Lexon 640 T/A brand new in 2007 , we spend about 80 nights away a year in it summer and winter , a few years back we went down to Spain to spend Christmas and the new year down there , but as soon as we got off the ferry in France it was straight into a snow blizzard , which we drove through for the next 500 miles , we had temperatures of minus 10 , snow was 4" thick on the roof and the front even the wheel arches were full , gods knows what the van weighed , but as we neared the Pyrinees the snow cleared but temperatures were still minus 10 , but the only thing I have had go wrong with the van was the sliding door not sliding properly and that was due to me not securing it in transit , I hope your problems are resolved and you have as much fun in your van as I have had
Graham265 said:
If they have your caravan no more than four weeks and that is pushing it. The loss of use bit though is not dependent on that. You have now lost over eight weeks in high and mid season and this is not good enough. You ask the dealer for compensation under the Sale of Goods Act not the guarantee.
Raywood said:
I'm sorry Ray, but this questionable advice.
SoGA only normally recognises tangible unavoidable losses/costs arising from the fault or the repair of the fault.
If the owner had booked a holiday pitch and paid a non refundable deposit before the caravan was unavailable, then that would be a tangible loss and under SoGA he could claim his 'costs' from the seller.
If the owner had been told by the seller the van would be available by a particular date, and on that basis the owner booked a holiday, but in the event the repair was not completed by the stated date, then again any non-refundable deposits or costs would be fair game.
Compensation for unavailability is not strictly a SoGA issue, but is more normally an ex gratia payment from a business, or it may directed as a court judgement.
Hi ProfJohnL,
the thing that worries me on this issue is that Lunar ' s technician said to cut out the affected area and to put in extra strengthening and then do the usual resin treatment.
I would assume the floor is fabricated in such a way to give the caravan overall structural strength, cutting out the affected area would seem to defeat this, also adding extra strengthening will add weight reducing the payload.
the thing that worries me on this issue is that Lunar ' s technician said to cut out the affected area and to put in extra strengthening and then do the usual resin treatment.
I would assume the floor is fabricated in such a way to give the caravan overall structural strength, cutting out the affected area would seem to defeat this, also adding extra strengthening will add weight reducing the payload.
intransient1 said:
I'm sorry IT.
I'm not in a position to comment regarding the structure or the suggested repair, But if you were to seek an expert opinion that throws the suggested repair into doubt then you may feel able to challenge the suggested remedy.
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