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TOPIC: Lunar Floor Failure

Lunar Floor Failure 2 months 2 weeks ago #436703

  • Dustydog
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The Prof raises a very interesting point which may be more complex than we thought.
If the OP goes direct to Lunar bypassing the dealer has he foregone his statutory rights under the CRA? There will be a cost in money and time getting to and from Lunar , twice. Who pays? Not Lunar ? The dealer?
Assuming the Prof is correct and the warranty is between the OP and Lunar can the dealer walk away from this problem for good??
IMO the OP may well be stuck between a rock and a hard place :angry: :ohmy: :(

If it were my problem I'd concentrate on the CRA route. I believe in Law no manufacturer's warranty or guarantee can affect or modify your Statutory Rights ie the CRA rules supreme in the chain of events. But then I'm just an old dog :)
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Last Edit: 2 months 2 weeks ago by Dustydog. Reason: addition
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Lunar Floor Failure 2 months 2 weeks ago #436707

  • otherclive
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emilyblunt12 wrote:
I think you are ideal on account of my brother by marriage van. It was practically similar to venturing into a gap. For my situation it's only a black out spongyness which could well be dealt with by tar infusion. The issue I have now is one of timing. I would prefer not to take it in now and lose it for the late spring.

I don't really understand your post. Late Spring? We are into August now.
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Lunar Floor Failure 2 months 2 weeks ago #436709

  • Parksy
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The strange phraseology used in the two posts submitted by the person who you have quoted, plus the 'helpful' URL to a mattress and bedding supplier on their second post elsewhere has led me to believe that a spam merchant was trying to sneak under the radar :dry:
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Lunar Floor Failure 2 months 2 weeks ago #436710

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Parksy wrote:
The strange phraseology used in the two posts submitted by the person who you have quoted, plus the 'helpful' URL to a mattress and bedding supplier on their second post elsewhere has led me to believe that a spam merchant was trying to sneak under the radar :dry:

But they didn't get up early enough for you :P
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Lunar Floor Failure 2 months 2 weeks ago #436714

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The simple answer to which route you should use is probably both if you need to. There is nothing in law that says you cannot pursue the claim both under the Sale of goods Act or Consumer Protection Act and the guarantee. As for payment for taking the caravan to and back from the manufacturer that claim would only be covered by the claim against the dealer as the guarantee will exclude it.
Ray
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Lunar Floor Failure 2 months 2 weeks ago #436722

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Thanks Ray
I may have misread the Lunar Warranty but item 16 says its liability is limited to £2500. :woohoo:
Interestingly enough Lunar mention many times refer all warranty issues etc via the dealer.
For me the CRA must still be the supreme arbitrator here for ALL costs involved.
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Lunar Floor Failure 2 months 2 weeks ago #436732

  • NigelHutson
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Having had this situation arise with a previous caravan, the dealer has to submit a report to Lunar (having inspected the caravan), and once the claim is accepted, it is then up to you to get the caravan to the dealership, from where Lunar will collect and return as part of the warranty.

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Lunar Floor Failure 2 months 2 weeks ago #436733

  • ProfJohnL
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Let me clarify my post where I discuss the transportation costs.

I do not have a copy of the Lunar warranty, but of those I have seen, the warranty has has required the customer to return the caravan to the agreed repair workshop at the customer's expense.

For most warranty work that will be normally be as far as it needs to go, but if the caravan needs to go back to the manufacturer, the cost of that can in theory be passed to the customer under the terms of the manufacturers warranty. I am not claiming there have been examples of this but the wording I have seen does not preclude it, as it depends what is deemed to be the repairing workshop.

The CRA is different, it requires the seller to recover the faulty goods, and redeliver at no cost and as little inconvenience to the customer.

Every manufacturers warranty statement I have seen includes a phrase like, "this warranty does not affect your statutory rights" Which means regardless of how a manufacturers warranty claim turns out, you still have some recourse through the CRA.

However, keeping in mind the CRA and Manufacturers warranties are legally separate entities, The CRA only has effect between the customer and the seller/finance house, and no other parties. consequently if you have a repair carried out through the Manufacturer's Warranty by any other workshop without the sellers expressed permission, the seller could claim you have modified the caravan, and thus removed their rightful opportunity to investigate and make repairs. This could diminish your right to have a claim under the CRA.

It has been mentioned that some manufactures warranties place a limit on the cost of warranty repairs. Let me state now the CRA does not put a limit on such costs, but it may take into account the economic value of repairing or refunding.

But returning to limitations on warranty costs by manufacturers. The manufacturers Warranty despite the fact it is not advertised as such is a separate contract that new purchasers of caravans are invited to take up. It is a service contract, and even though no money is evidently charged for it, it is to all intents and purposes an insurance policy. By signing up to it you are accepting its terms and conditions. along with any limitations it may have in its T&C's. If a claim is made and rejected on the basis of a clause which is not printed in the Terms and Conditions (other than created by a change in the relevant laws) the manufacture would be in breach of its own T&C's

Specifically, if the policy does not say there is a limit to the value of the repairs to be carried out, they cannot impose a limit. If there is a limit in the T&C's and it is insufficient to repair a caravan with an admissible failure, The customer might be able to claim the policy is not fit for purpose, and seek rederss through the CRA.
Unless I use quotes, All advice and opinions given are my own and are given in good faith. Never act on anything you read on a forum unless you can validate and verify its source and content.
Last Edit: 2 months 2 weeks ago by ProfJohnL.
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Lunar Floor Failure 2 months 2 weeks ago #436775

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I would add that although no fee is stated for the warranty, the manufacturer makes an allowance for this in the price of the caravan, and therefore it does have a value.
Ray
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Lunar Floor Failure 2 months 1 week ago #436852

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The sad thing is that if they built them properly in the first place they wouldn't have such huge warranty bills.

Homer S
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