Protection under CRA 2015

[Buckman]

This was highlighted on another caravan forum and are not my words. Very interesting and something I did not know. They were successful with taking the dealer to court!

In straightforward cases , members are well-acquainted with the Consumer Rights Act 2015 [CRA2015] /Sale of Goods Act 1979. However, what happens legally if (as in our case) an inadequate caravan repair (paid for solely by the manufacturer) is done by the supplying dealer shortly before the caravan is 6 yrs old (assuming bought new) & that repair fails spectacularly just after this 6 year deadline – so out of time under the CRA2015/Sale of Goods Act? (Limitation requires cases generally to be started before 6 yrs).

One answer is that the courts recognise that the repair itself is a new (i.e. 2nd) contract (between dealer & manufacturer) to which the caravan owner has 3rd party rights as the prime beneficiary of that contract (via the Contract (Rights of 3rd Parties) Act 1999). Thus, if this repair is an abject failure, as in our case, the caravanner can as a last resort take legal action against the repairing dealer under this 2nd ("repair") contract providing the case is brought to court within 6 yrs of the “botched” repair work (which helpfully, by definition, will be later than the “sale contract” time limits).

This is an important extra protection for all caravan/motorhome owners, which they may be pleased to know about

and was successful in our case.

 

[ProfJohnL]

The important factor for me is the concept of third party rights in the stated circumstances. It raises the possibility of rites in the case of a warranty repair, might transfer with a second hand sale to the new owner.

 

[Buckman]

The important factor for me is the concept of third party rights in the stated circumstances. It raises the possibility of rites in the case of a warranty repair, might transfer with a second hand sale to the new owner.

I doubt if that will work as no contract between the manufacturer, dealer and new owner if the caravan is bought privately? Obviously if bought from a dealer CRA 2015 kicks in anyway.

 

[ProfJohnL]

I doubt if that will work as no contract between the manufacturer, dealer and new owner if the caravan is bought privately? Obviously if bought from a dealer CRA 2015 kicks in anyway.

But if in the case you have copied, the third party has an interest in the quality of the repair, even though they didn't commision or pay for it. Therefore as a second hand owner even through a private sale, you also have a third party interest, that creates the possibility you may have rights in respect of a faulty warranty repair. It would have to be tested in court.

 

[Buckman]

But if in the case you have copied, the third party has an interest in the quality of the repair, even though they didn't commision or pay for it. Therefore as a second hand owner even through a private sale, you also have a third party interest, that creates the possibility you may have rights in respect of a faulty warranty repair. It would have to be tested in court.

Good luck with that as doubt if it will work.

 

[otherclive]

I think I would endeavour to pay something towards the repair, as you did with the caravan and Jeep. It then simply keeps within CRA2015. Thanks though a very useful addition to the “ knowledge bank”

 

[Dustydog]

You will recall the recent long thread where we discussed this issue but only where a contribution had been made . This latest news is great stuff.

I’m of the same view as the Prof regarding third party rights.

In fact the Law of vicarious legal liability brings in the Manufacturer as well as the repairing dealer. The ultimate employer for starting the repair process and paying for it is the manufacturer.
Whilst it would have to be tested I suspect in cases where the repair fails and the dealer goes bust the Manufacturer can’t walk away.🤔

 

[otherclive]

You will recall the recent long thread where we discussed this issue but only where a contribution had been made . This latest news is great stuff.

I’m of the same view as the Prof regarding third party rights.

In fact the Law of vicarious legal liability brings in the Manufacturer as well as the repairing dealer. The ultimate employer for starting the repair process and paying for it is the manufacturer.
Whilst it would have to be tested I suspect in cases where the repair fails and the dealer goes bust the Manufacturer can’t walk away.🤔

Can the Law of Vicarious rights allow the claimant to use the Small Claims Court process and keep potential legal costs to a minimum. It is good we have so many legal rights but often pursuing them is a nightmare, or just not practicable. The beauty of CRA 2015 is that it is well established, relatively straight forward and not too expensive.

 

[Buckman]

Can the Law of Vicarious rights allow the claimant to use the Small Claims Court process and keep potential legal costs to a minimum. It is good we have so many legal rights but often pursuing them is a nightmare, or just not practicable. The beauty of CRA 2015 is that it is well established, relatively straight forward and not too expensive.

SMC only works if the cost of the repair is under £10k. Replacement panels are close to that limit.

 

[Dustydog]

Can the Law of Vicarious rights allow the claimant to use the Small Claims Court process and keep potential legal costs to a minimum. It is good we have so many legal rights but often pursuing them is a nightmare, or just not practicable. The beauty of CRA 2015 is that it is well established, relatively straight forward and not too expensive.

Imo CRA will still apply. Vicarious legal liability in essence means the Manufacturer is the Employer and fully legally responsible for their agents , employees, in this case the Dealer whom they have instructed.

 

[Buckman]

Imo CRA will still apply. Vicarious legal liability in essence means the Manufacturer is the Employer and fully legally responsible for their agents , employees, in this case the Dealer whom they have instructed.

If the caravan is on finance, it is the finance company that is liable as they are the supplier.

 

[Dustydog]

If the caravan is on finance, it is the finance company that is liable as they are the supplier.

Yes . There would be a two pronged attack.
Both are liable.
The Finance company would seek recovery of any out lay they make under a TP Rights claim or alternatively demand the Manufacturer sort the claim out from the outset.

BUT settlement of the customers claim must take priority and be dealt with first leaving the Finance Co and Manufacturer to thrash it out afterwards.

 

[Buckman]

Yes . There would be a two pronged attack.
Both are liable.
The Finance company would seek recovery of any out lay they make under a TP Rights claim or alternatively demand the Manufacturer sort the claim out from the outset.

BUT settlement of the customers claim must take priority and be dealt with first leaving the Finance Co and Manufacturer to thrash it out afterwards.

As a consumer your contract is with the finance company to resolve any issues. How they resolve the issue with the manufacturer is of no concern to the consumer as ultimately it is the finance company that is liable for any repairs.