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Escalating warranty repair for damp - advice please

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Mar 14, 2005
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It's not that clear cut and could fall within civil and criminal law.

What are the consequences of breaching the Consumer Rights Act?

They can seek a court order and bring civil and criminal provisions under the Consumer Rights Act 2015. If the trader fails to comply with a court order it can lead to a maximum penalty on conviction of an unlimited fine and 2 years' imprisonment.


John
For anyone who wishes to spend their time this website
publishes the governments formal notes about the CRA 2015, in a slightly more readable form than the legalistic words of the actual Act of Parliament.

From what I can glean from the document, breaching the CRA 2015 is not in itself a criminal act, but a breach may lead to organisations such as Trading Standards or the police to raise further charges that might include Criminal proceedings.
 
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Sam Vimes

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Sep 7, 2020
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Thanks again for the continued discussion.

From my understanding there is really no further action I can take in respect of making the dealer aware of his responsibilities in respect of CRA2015. They are complying by agreeing to a warranty claim and as stated a few times the problem is the delay in getting the work done.

I had thought that the terms of CRA2015 might have been more definitive and that I could push for compensation for the delay but to me this appears to be not the case and therefore provides no weight in pushing the dealer.

Let me just clarify again the situation:-

1. The problems identified and agreed to be fixed under warranty happened after the 6 month dealine.
2. Equally the short term right to reject of 30 days was no longer applicable.
3. The dealer/manufacturer have agreed to the repairs under warranty.

Irrespective of the above:-

1. If I could get a full refund this leaves me without a caravan and the prospect of buying another one at a higher price due to inflation.
2. A new caravan of the same type or even a different brand may well have the same problems or others
3. There is a small probability under CRA2015 that should the repairs not fix the problem then I may have the right to reject. Although this still leads to the dilema in my points 1 and 2 above.

Thanks again
 
Jul 18, 2017
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But unless I missed a point here the OP has not invoked a CRA 2015 claim yet, so how has the dealer infringed it?
My understanding would be, if the OP has claimed under CRA 2015 and the dealer was not complying with their legal obligations, or even attempting to mislead the claimant on their rights, then things move into legal territory.
I was asking a question for clarification about civil and criminal and I don't recall mentioning CRA 2015 in that context.
 
Jul 18, 2017
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For anyone who wishes to spend their time this website
publishes the governments formal notes about the CRA 2015, in a slightly more readable form than the legalistic words of the actual Act of Parliament.

From what I can glean from the document, breaching the CRA 2015 is not in itself a criminal act, but a breach may lead to organisations such as Trading Standards or the police to raise further charges that might include Criminal proceedings.
Thanks for the input and clarification.
 
Jun 20, 2005
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My concern Sam is you have three claim /warranty items.
Polyplastic front window failure.
Damp around front window
Damp somewhere else.

Polyplastic is a Dutch company which has a virtual monopoly on all caravan Windows, all bespoke to each manufacturer. I doubt Polyplastic hold spare windows leaving that to the manufacturer.

I wonder what the time lead is for an order ? Does the manufacturer order one offs for you or wait for a batch order?
I think the Dealer and manufacturer should give you this information.

In the meantime why can’t the water ingress problems be remedied before more long lasting damage is caused?
Otherwise your last assessment says it all.
The good news once all these teething issues are resolved you should be ok. 15 years on , our Wyoming after her initial problems has been fine, plenty of diy fixes but nothing serious
 

Sam Vimes

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Thanks for the reply Dustydog.

Yes three seperate issues all to be covered by the warranty repair. Two damp areas and one window problem.

I had a chat with the dealer yesterday but the person who handles servicing and warranty work wasn't in for a while. Her colleague did tell me that the repairs could be done in stages as the actual window is not part of the damp problem - thats mostly to do with the window hinge. However, they know that for us to get the caravan to them is a not just like popping along the road as we have a 6 hour journey just to get there, which in turn usually involves an overnight stay. Which is why originally we agreed to do all the work in one hit - not realising how hard it would be to get the window.

They dealer will do the repairs seperately but I said because of the inconvenience someone would need to pay for the extra journeys and stay.

I'm still waiting for a call back from the person responsible for organising the work.

I also learnt that for dealers to get windows from Polyplastic is really difficult anyway - not just for warranty work. I'm guessing most of the output goes to the manufacturers as the dealers are small fry. Some time back I did talk to the manufacturer about them supplying the window but they wouldn't - probably because they earn more money from building new caravans. Not realising the cost involved in putting things right after they've shipped them and potential loss of business as word spreads about problems.

Now before someone says I should have bought locally - here in the wilderness of the Highlands there aren't that many dealers and even so the nearest was still a 3 hour drive away. The dealer we chose was the only one who had a selection of caravans we were interested in. I did approach the dealer slightly nearer about a service and warranty work. Firstly they don't handle that make of caravan anymore and secondly they would only be interest if we'd have bought it from them. Not suprisingly they still show up on the manufacturers web site as a dealer.

The long haul to our dealer has only been required for the service and we made an outing of it, staying in the area and having a look around. The warranty work will take a couple of weeks so this will require two trips at least - hence the mention of getting someone to pay for that.

Still waiting - :-(
 
Jun 20, 2005
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Oh dear Sam, not dissimilar to those who buy at the caravan show forgetting the selling dealer is 300 miles away. But in your case needs must. I always expected the manufacturer to supply the replacement wi rather than Polyplastic direct to dealer.
I could live with the window for six months but the damp issues I’d want fixing asap. Good luck mate.
 
Mar 14, 2005
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...
The warranty work will take a couple of weeks so this will require two trips at least - hence the mention of getting someone to pay for that.

....
If you are useing the manufacturer's warranty scheme for the repairs, then most schemes clearly state the customer is responsible for all transportation costs to and from the repair facility.

But if the repair is being carried out under the guidance of the CRA then the situation may be different. Within the CRA it implies the customer should not be inconvenienced and the seller should cover the costs of return and resupply. This is one area that has been muddied recently. But I believe where this has been claimed for some products, a court has ruled that the seller was only liable to cover costs to and from the point of pick up where the sale was completed.
However, that was a judgment becasue the case went to court.

Hopefully yours won't need to go there, and with any luck the dealer (whom you seem to be generally happy with) may make a good will offer which you can put towards your costs.
 

Sam Vimes

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Well maybe someone is listening in.

Today we've had a result. The window is with the dealer and they have the parts to fix the damp bits. Not only that we've managed to tee up the work to be done at the end of a trip away in the van when we have to go virtually past the dealers to get home.

It might also be possible to book another trip away in that area or close by when we need to collect it.
 

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