New Caravan checklist

[Raywood]

It is not foolish to take the thing back if it is faulty but on very minor items you have to ask yourself if it is worth the bother. As to the warranty your rights are generally better at law although these are against the dealer and if he goes bust the warranty is all you have.
As to voiding the warranty, if you do something, this depends on what you did. In my case pushing a connector in is not something they would be able to detect and so I could do this with confidence. If the work could be detected, then possibly back to the dealer is the best option, but this would probably mean you were doing something more than a minor job.

 

[Dustydog]

Thank you Ray. Spot on.
The sheer aggravation of hitching up and going to the dealers for repairs is a pain.
But . We are not all competent diyers.
Yes . I do lots of mine own these days but there is a line in the sand.
For Craig the Fool is the one who does his own repairs to save the aggro. The Dealers know this.
The CRA for us caravanners should be improved to make Dealers responsible for attending our Caravans at our registered addresses to fix things. If it needs the workshop then they should collect and re deliver.

 

[Dustydog]

Thank you Ray. Spot on.
The sheer aggravation of hitching up and going to the dealers for repairs is a pain.
But . We are not all competent diyers.
Yes . I do lots of mine own these days but there is a line in the sand.
For Craig the Fool is the one who does his own repairs to save the aggro. The Dealers know this. I'm one of them Fools but it suits me. So the Dealer takes the urine. They are responsible for our costs but I know of no one who has succeeded yet.
The CRA for us caravanners should be improved to make Dealers responsible for attending our Caravans at our registered addresses to fix things. If it needs the workshop then they should collect and re deliver.

 

[ProfJohnL]

Thank you Ray. Spot on.
The sheer aggravation of hitching up and going to the dealers for repairs is a pain.
But . We are not all competent diyers.
Yes . I do lots of mine own these days but there is a line in the sand.
For Craig the Fool is the one who does his own repairs to save the aggro. The Dealers know this.
The CRA for us caravanners should be improved to make Dealers responsible for attending our Caravans at our registered addresses to fix things. If it needs the workshop then they should collect and re deliver.

Hello Dusty,
The need to hitch up and take a caravan back to a dealer,only arises with the manufacturers warranty.

If you pursue a claim through the CRA, the Act is quite clear that the seller is responsible for all costs associated with effecting the remedy. That would include either collecting and returning the faulty goods from where-ever they are. or sending out a repairer to your location. or covering the customer costs if they ask and you agree to do it for them.

Here's a thought that might make you think about your relationship with your dealer. Invariably you choose a dealer becasue they sell certain makes of caravans. Because the dealership is plastered with the manufacturers emblems and decals, its easy to subconsciously think of the dealership as an extension of the manufacturer. In reality most caravan dealers are independent businesses, who have chosen to sell certain makes.

So who pays the dealers wages? Well its us - the buying public. If we did not buy their products, the dealership would go out of business. This is borne out when you look at how many dealers have closed over the years, the manufacture will not lift a finger to support them. So in essence the dealer should be working for our benefit not the Manufacturer. We are the ones who buy the products and generate profit for the dealership,

Yet when push comes to shove on faults and repairs, which side does the dealer run to more often than not - the Manufacturer.

As and when the caravan dealers network fully understands their legal obligations, (which will be sooner if everyone used their legal rights) they will see the cost benefits of doing what they are paid for in pre delvery inspections, so there are fewer post sale repairs needed.

I fully understand that some caravanners feel able to effect some the repairs, and to avoid the bother to getting the dealer to do it, well just remember you have already paid them to the this work (by creating profit for them) so you should be billing them for your inconvenience, and the cost of what ever parts are needed.

If we continue to let the dealers and the manufacturers off their legal obligations, they will not learn the truth of the effect of their incompetence at making and selling imperfect products.

It seems that pointing out the immoral attitude they exhibit is not having a major effect, but you can bet your bottom dollar that if something starts to eat away at their profit margins they will start to take note.

 

[Dustydog]

Fully agree Prof.
Sadly the reality is no one I know has ever had the dealer collect re deliver or attend their home to do the repairs. A shame because I to believe the CRA is there to help but the associated hassle factor probably turns most away. Just a small point if it is Warranty claim that doesn't change your rights against the Dealer? The Dealer is still liable under the CRA whether or not a Warrant exists, I believe, just another angle the dealers use to get off he hook

 

[Craigyoung]

DD , hi ( its the fool ) I wouldn't mind if the mobile engineer come out to do the work but for someone to come and collect my caravan and for someone else to drive away with it , I don't know if I would be at ease with that , even though it would save me a 1oo mile trip . Last time I asked for the mobile engineer I was told he was chock-a-block and could be weeks !!
Craig .

 

[ProfJohnL]

Hello Dusty,

I think you might be mistaken, There are differences between what is covered by the CRA and Manufacturers warranties, any item that is covered by the manufacturers warranty, but not covered by the CRA would not oblige the seller to cover transport costs.

 

[Raywood]

I agree the CRA may require the dealer to pick up and return the caravan, but actually getting a dealer to do this is another question. Frankly the best you will ever do is get them to pay for your expenses in returning it and then you would probably have to threaten, if not serve proceedings. For major repairs where you want the dealers cooperation it might be better to take the caravan and collect it before asking for the costs so as not to get on the wrong side of them before they do the work.
If a dealer is helpful, then some give and take may get you a better result than just demanding your rights, and upsetting them. I accept though not all dealers warrant that approach.

 

[Dustydog]

Hello Dusty,

I think you might be mistaken, There are differences between what is covered by the CRA and Manufacturers warranties, any item that is covered by the manufacturers warranty, but not covered by the CRA would not oblige the seller to cover transport costs.

Hi Prof
Then I must have misunderstood the Law
I always thought in Law both the SoGA and CRA made it clear a Manufacturer's Guarantee or Warranty does not replace your Stautory Rights. A Dealer cannot simply wash his hands of the problem saying it's down to the Manufacturer. Doesn't the old adage that we have all proffered over the years that your Contract is with the Dealer still apply I assume we all appreciate the CRA time limits.

 

[ProfJohnL]

...
Hi Prof
Then I must have misunderstood the Law
I always thought in Law both the SoGA and CRA made it clear a Manufacturer's Guarantee or Warranty does not replace your Stautory Rights. A Dealer cannot simply wash his hands of the problem saying it's down to the Manufacturer. Doesn't the old adage that we have all proffered over the years that your Contract is with the Dealer still apply I assume we all appreciate the CRA time limits.

You are absolutely correct about the manufacturers warranty not affecting your statutory rights, that is the a cornerstone of the consumers position, and where the CRA or SoGA are applicable that will always be the case.

However there may be some situations a particular type of claim would not be eligible under the CRA, I should stress this is not that the manufacturers warranty replacing the CRA but offering something the CRA can't do (and I cant bring one to mind at the moment). In these circumstances the seller may not be liable for funding the return of the goods.

 

[Dustydog]

Hi Prof,

As far as I can see from the following articles and indeed my own past cases in Court , subject to time limits, there is no warranty or Guarantee that removes your Rights under the two Acts. However a " Barrack Room Lawyer" Dealer may well tell you otherwise and / or as will the manufacturer. IMO the CRA goes even further than SoGA to protect our Rights which is a good thing. The problem as we both know a lot of people are still fobbed off!!
http://forums.moneysavingexpert.com/showthread.php?t=4891416
http://www.bbc.co.uk/news/business-18413057

 

[ProfJohnL]

Hello Dusty,

I'm not suggesting that any manufacturers warranty removes or prevents statutory rights from being pursued, That is why they are statutory, and separate entities.

In general terms SoGA and the CRA are centred on a product failure, which by its nature must either have been faulty when purchased, or failed to provide adequate service during its usage.

I'm not just referring to caravans but some manufacturers warranties include access to other products or services which may not be dependant on a product or service failing. Because these extra elements sit outside of the remit of SoGA /CRA any claim solely for one of these extra's could not be taken up through the statutory rights provisions.

This in no way restricts the users statutory rights. but it is wrong to say that all warranty claims can equally be pursued through SoGA or the CRA. - though many can.

 

[Dustydog]

but it is wrong to say that all warranty claims can equally be pursued through SoGA or the CRA. - though many can.
To be honest Prof I can only think of one Caravan related issue where the Acts cannot be used for Warranty type claims against the Seller as opposed to the Manufacturer except where the Statutory Time Limits are exceeded.
We are on the same hymn sheet aren't we