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Legal Eagle

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About Legal Eagle

  • Rank
    Over 500 posts

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  • Gender
  • Location
    South East England
  • Interests
    Caravanning. Having fun. The law - hard work but pays well m'lud.
  • Towcar
    Of course
  • Caravan

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  1. For goodness sake, it's an educational research project, not a Hella marketing survey!😁
  2. The dealer I purchased from went into voluntary administration the weekend we collected the caravan. Swift quickly assisted me in locating one of their (and other major manufacturers) non-dealer approved workshops within 5 miles of my location. That workshop has serviced and looked after it ever since. I would hope that all of the manufacturers would assist in the same way. However, they cannot force a dealer that didn't supply to complete any work but I would hope they would negotiate for a positive outcome with a reluctant dealer or failing that, fix it themselves.
  3. Suspecting that my suggestion to check with his own caravan's manufacturer wouldn't be followed, I checked with mine (Swift). I asked: With regard to the 3, 6 and, where applicable, 10 year warranty issued by Swift Group, can you confirm, please, that the warranty is purely issued between Swift Group and the retail customer on the understanding that validity is subject to ongoing compliance by both parties to their respective terms and conditions and that it is not the case that the warranty is only issued between Swift Group and the supplying dealer. They replied: The Warranty Policy is given by The Swift Group for the retail customer. We allow any Swift Approved Dealership or Repair Centre to carry out warranty work, however, it is only the supplying dealership that are obliged to complete the work. So, straight from the horse's mouth, the warranty policy is issued between the manufacturer and the retail customer, NOT the supplying dealer. Warranty repairs can be carried by any manufacturer approved dealer or repair centre but the supplying dealer cannot decline to complete the work.
  4. Ahh yes. Top the range Sterling Eccles alongside the Explorer and Searcher models, all with in board water tank as standard. I should have remembered having owned a 2004 Explorer!
  5. I have made no assumptions. If you cannot accept the FACTS of the legal position regarding a 0manufacturer warranty, that's any manufacturer of any type if goods, that is your problem. Ask Elddis a simple question about your warranty - "Is the warranty on my caravan between manufacturer and retail customer or manufacturer and supplying dealer?" and see what they say. Make sure you let us all know. As the saying goes, there is none so blind as he who will not see.
  6. Isn't that a dealer special based on the Sterling? If it didn't come as standard on the Sterling them most likely it was part of the dealer special spec.
  7. On more than one occasion I have had to challenge your incorrect assumption and everytime you come out with same apology. It isn't only solicitors who are qualified legal professionals. By what logic you think I agree with your assertion is beyond me. The manufacturer issued warranty is for the buyer NOT THE SELLER. Read your warranty carefully and you'll see those responsible for complying with the T&Cs of it are the issuer (manufacturer) and the customer (you). I am not referring to standard AWS technicians. I am referring to non-dealership independent workshops who have been approved by the manufacturer(s) to assess and carry out warranty claims. My caravan is serviced at one such workshop because the dealer I purchased from ceased trading. Had the warranty only been between manufacturer and supplying dealer I would have no warranty but the fact is I do and it is valid between me and the manufacturer. If a warranty issuer breached it's T&Cs you may be able to sue for breach of contract. If the CRA applies you may have a case against the dealer but not both. A warranty is not a legal requirement but a bonus and as you keep reminding us, a warranty does not your affect statutory rights.
  8. Warranties are not the result of legislation so there can be no link. Contract law may apply Read the warranty that came with your caravan. Where in your documentation is it explained? Owners Handbook? Who is it worded towards? Who is responsible for complying with the T&Cs? What is the procedure for making a claim? Where does it say you must go back to the dealer you bought from because the warranty is only between them and the manufacturer? How would you be able to go to any willing dealer or warranty approved workshop if the warranty is only between selling dealer and manufacturer?
  9. Why do you persist in making insulting assumptions and a comment which seemingly implies you have superior knowledge? When did I state my profession? If the terms and conditions allow it then of course you can contact the manufacturer direct e.g. Thetford. However, caravan and motorhome manufacturers tend to have T&Cs that require claims via a dealer or approved warranty repair workshop. When your Jeep was new I imagine the warranty had similar T&Cs, contact an authorised dealership or was direct contact with Fiat Chrysler Automotive allowed? As for taking a manufacturer to court over the warranty, what do you think? What if the manufacturer is outside the UK e.g. Samsung?
  10. The manufacturer's warranty contract is between manufacturer and end buyer. It is the buyer who has to comply with the contract terms and conditions - regular servicing, taking it to dealer or approved repairer for warranty assessment and repair etc. - not the seller. Under the warranty the manufacturer covers the cost of parts and labour (normally much less than the retail rate). There are a number of dealers who will carry out warranty work on caravans they didn't sell plus a number of non-dealer workshops specifically approved by manufacturers to assess and carry out warranty work. If the warranty was between manufacturer and selling dealer that wouldn't be possible.
  11. There is a very good and wholly practical reason why consumer law holds the seller legally responsible so that the buyer is protected. How would you hold a manufacturer outside UK jurisdiction to account?
  12. Surely you aren't suggestion it is acceptable for goods not to be as described and of satisfactory quality. If a TV is said to be High Definition then there must be a noticeable difference, regardless of screen size, between Standard and High Definition modes. The evidence of consumer experience on here seems to suggest there is a difference despite your debilitating achy side condition!
  13. Annexe 1, paragraph 1 of the Convention clearly states that countries can refuse entry to visiting foreign motor vehicles and trailers if their mass or dimensions exceed those permitted by the domestic legislation of the country being visited. All motor vehicles and trailers must comply with the Technical Conditions laid down in Annexe 5 of the Convention.
  14. 8.16m including the A frame? The maximum limit in the UK is 7m excluding the A frame when towed by a vehicle with a MAM not exceeding 3500kg. Read the link to the Govt. website earlier in the thread. In addition, there is no exemption to laws for foreign visitors in any country. If there was you wouldn't need marker boards in Spain!
  15. Often with a tow vehicle over 3500kg, MAM, but if they don't, it is still illegal and I would rather give advice on what the law actually is rather than what you think someone may get away with.😉
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