Proving Damage not your fault.

[John_374376861]

We returned from out 1st outing in our brand new Lunar Quasar FB (2008) to find that the wardrobe door had fallen off its frame. The screws holding the door had ripped out. The door had damaged the draws beneath and worst of all cut the Lino on the floor.

After more than 6 weeks Lunar would not treat this as a Warranty issue saying that they did not believe that the door was securely closed during transit.

As a gesture of goodwill they will supply a new door but nothing else. This is not satisfactory as it will be impossible to re-fit the hinges via original screw holes as the carcass of the frame is so poor and the cut in the Lino will leak water etc. etc.

We now have to claim off insurance for a lot of work which is not our fault.

Is this a case of the client having to prove his is innocence rather than the manufacturer proving his poor engineering?

Won't be buying a Lunar again.

 

[John_374354584]

Take them to "The small Claims Court" won't cost you a fortune.

 

[Mark_374373805]

John,

Sorry to hear about your troubles but I would suggest putting it through the insurance and finding a good repairer, not one that Lunar recommend, as you may need to read the small print on the guarantee for the work completed.

I had a problem with a Lunar Eb 2006 and had to deal with Lunar Customer Services when I found them to be a complete joke.

Wot Customer Service!!! - I put it down to an expense experience but like you I won't be buying another Lunar!!

Best of Luck

 

[trucker]

John check the sale of goods act, i think you will find that a caravan so new it will be up to the dealer to prove that it was your fault not for you to prove it wasnt. They are testing you to see if you will go away. DONT, hold your nerve go back to them armed with the sale of goods act and reject the van if you have to as it is not of merchantable quality, and not fit for purpose get an indipendant inspection done on your van and get the c.a.b. or solicitor involved. Ive travelled with the wordrobe door not secured and it didnt fall off. Dont forget that your contract is with the dealer not the manufature.

Read some of the posts that Alan has put on and also jo-anne, very interesting, and helpful

Good luck

Kevin

 

[John_374376861]

Thank you for your interest.

Everytime we have phoned our supplier they are unavailable, offsite, on holiday, off sick......

I will follow Trucker's advice and ruffle the feathers.

Why should the customer have to now spend money to prove the 'big boys' culpability?

Regards John

 

[trucker]

Go for it John, dont forget your not in the wrong

Keep us posted.

Kevin

 

[ProfJohnL]

Hello John,

I can't fault Truckers suggestion, its all good stuff. I do think you should seek some help from either CAB or may be Trading Standards, who should help you to draft a letter to the seller. Send the letter recorded delivery, and insist on a written reply with a plan on how the repairs etc will be carried out.

Don't forget that your contract is with the seller, so do not get involved with the manufacturer directly. That is the sellers responsibility not yours. Equally the manufacturers opinions about repairs, replacements or refunds are not binding on you.

I have deliberately used the word "seller" because it is not always clear who the seller is. In essence it's who ever takes your money. So if you are buying the caravan using Hire Purchase, then you are actually buying it from the finance company, so they are your seller, not the dealer - though in some cases there may be a dual responsibility.

The seller (whoever it is) is legally obliged under the sale of goods act to only sell goods fit for purpose and of merchantable quality. So not only do the finance house not want to break the law, they don't want a faulty caravan on their books its not worth as much.

Generally Finance houses feel vulnerable, because they rarely inspect a product they finance, and so they have no defence if a claim is made. They will usually be very helpful in trying to get such problems sorted out.

 

[RichardJ]

Hiya Mate

Although we do not sell vans we do sell lots of cleaning machines, we are a middle man, between the makers and the consumer.

We are bound by the sale of goods act, if you are not satisfied with the goods purchased, you are entitled to have the godds corrected FOC within a reasonable period of time, IF the item was faulty, or they are not as descrided in the sales literature.

Depending on the age i.e under 28 days a full refund or exchange could be sought.

Follow advise see CAB or a no win no fee solicitor.

Good Luck

 

[RogerP]

John

have you taken photos of the defects yet , always a good thing to do.

Also getting an independant inspection may be of use. You need to prove that there are defective parts or substandard workmanship that contributed to this problem.

I can see where Lunar are coming from , if a wardrobe door was unwittingly left open during travel it could then swing back and forth and go beyond its intended opening range and force the hinge and its srews to weaken there grip in the wood.

Essentially you need to prove (rightly or wrongly) that there were defects or substandard workmanship that could have caused the problem. That would then back up your claim the door was closed properly.

Good luck , I have to say that I always thought the wood used in my 2007 Lunar seemed very weak I was always afraid it would break under very little effort.

 

[trucker]

Any news yet John

Kevin

 

[John_374376861]

Any news yet John

Kevin

Phoned the Sales side of the business. Their approach was totally different, especially when we mentioned further action. We are waiting for a response from the Seller (thank you John L) who is re-presenting the issue to Lunar.

I won't be holding my breath too long!

 

[John_374376861]

John

have you taken photos of the defects yet , always a good thing to do.

Also getting an independant inspection may be of use. You need to prove that there are defective parts or substandard workmanship that contributed to this problem.

I can see where Lunar are coming from , if a wardrobe door was unwittingly left open during travel it could then swing back and forth and go beyond its intended opening range and force the hinge and its srews to weaken there grip in the wood.

Essentially you need to prove (rightly or wrongly) that there were defects or substandard workmanship that could have caused the problem. That would then back up your claim the door was closed properly.

Good luck , I have to say that I always thought the wood used in my 2007 Lunar seemed very weak I was always afraid it would break under very little effort.

One of my contentions with the door is that the Lunar FB is a very long vehicle with the wardrobe at the back off-side. During travel there will be a certain amount of twist and general movement of the caravan. I suggest that this twist may distort the carcass and pull the door and screws.

Looking over the new Layouts for 2009 across the manufacturers I note that the majority of the wardrobes are placed just off-centre. Could this be due to distortion?

{:-(

 

[RogerP]

One of my contentions with the door is that the Lunar FB is a very long vehicle with the wardrobe at the back off-side. During travel there will be a certain amount of twist and general movement of the caravan. I suggest that this twist may distort the carcass and pull the door and screws.

Looking over the new Layouts for 2009 across the manufacturers I note that the majority of the wardrobes are placed just off-centre. Could this be due to distortion?

{:-(

John , you're probably right , have you look on Lunar owners forums to see if there are any similar occurances.

The more evidence you've got the better.

Hope your dealer comes good for you.