Consumer Rights.

[ProfJohnL]

I have post this under technical because most people who may need to know about will almost certainly have a technical failure, and are considering how to get it remedied.

I'm linking to an Honest John web page, which I know is aimed at cars rather than caravans, but it contains some important points and references to court cases that have set legal precedents in consumer rights cases.

I warn you; its long, and takes some reading to fully comprehend.

https://www.honestjohn.co.uk/faq/consumer-rights/
ts

 

[Dustydog]

A very good article Prof and very relevant to us caravanners.
What is clear most of us need to use the Small Claims Courts to perhaps get satisfaction. Why are we so Court shy??

 

[JTQ]

A very good article Prof and very relevant to us caravanners.
What is clear most of us need to use the Small Claims Courts to perhaps get satisfaction. Why are we so Court shy??

I believe more impact will come even without cause to actually use them when dealers realise we are willing to use the legal tools we have.
Few dealers can be unaware of their obligations but need to be reminded that so are some of their customers.

 

[otherclive]

Thanks Prof. It will be bookmarked as I'm verging on action!

 

[Martin24]

Thanks for that one Prof.

 

[Raywood]

As someone involved in a lot of cases in my work I do know my way around the law pretty well. Over the last few years on my own and my daughters behalf the threat of legalroceedings along with enough detail to make it clear the threat is real has resolved all except one case. In that one I did raose a small claoms actionfof my daughter and her boyfriend against a cruise line whose defence was sile lies, they got twice what they woud have settled for but I assume the cruise line simply work on the theory more people give up than proceed. The procedure for small claims actions is simple and cheap for you but costly to the defence so most take the easy route and pay up.

 

[ProfJohnL]

This thread has actually made me think about the number of times I have used the older SoGA and the more recent CRA to my obtain my legal rights, and like Ray wood it has not been necessary to invoke legal action but merely enough to show the seller I know my rights and would be prepared to use them if the seller does not respond appropriately.

My most notable case saved me in the region of £2500 at least when I acquired my VW Passat that lost its engine becasue of a faulty timing chain tensioner bolt only 2500 miles after it was changed and the repair and two subsequent replacement engines failed, but equally the number of times retailers try to sell me product protection insurance, which in my opinion I do not need becasue of the protection of SoGA and the CRA.

I research my major purchases before buying, so I generally buy well and don't need to return faulty goods, but when I have done so the sellers initial "we can't do that" attitude disappears when the Consumer rights are mentioned.

In these cases knowledge is power.

 

[Buckman]

We recently used the CRA 2015 to reject a caravan after nine months ownership and we were successful in getting a refund plus a substantial amount of compensation. Our action was against the finance house.
We rejected the caravan on 8th June and rejection was accepted on 10th July, but offer of refund was an insult and we had to resort to using Which Legal Services who gave us the correct advice backed up by current legislation. The issue was finally resolved in mid October. This is detailed in another thread under General.
It is worth holding out if the refund offer is not what you want but remember there can be a reduction in the refund for usage. In our case a major issue was picked up within the first 30 days and was not properly repaired until almost 10 months later and the repair was not very satisfactory so in essence we were still within the first 30 day rejection period.
To clarify the 30 day window is "suspended" until the repair is done to the satisfaction of both parties.

 

[otherclive]

I used it when my online battery supplier referred me to the manufacture to replace a broken handle. Maker, Elecsol, hadn’t any spares and were very dismissive, didn’t reply to messages or anything unless you caught them by phone. Now gone bust anyway. So I went back to the online supplier who eventually agreed to replace the battery if I paid return shipping costs. It was then I reminded them in writing of their obligations in law. But returning the battery even with its seals in and really well sealed and protected wasn’t easy. As used batteries are a no no for courier parcel companies and the only ones to touch them are licenced recycling companies. So I went back to the supplier and told them that nowhere in the T&C or website made mention of this. So eventually they agreed for their transport to deliver new battery. So a successful outcome by knowing and pursuing my rights. And the learning experience? Never buy another battery on line especially as local suppliers are pretty keenly priced and you can take one back in the car.