Elddis Warranty - Consequences of non compliance with T&C's

[Durbanite]

12 hours ago, thebriars said:

Can I draw your attention to The Consumer Protection from Unfair Trading Regulations 2008, the UK/EU act which replaces the Trades Descriptions Act:

 

Prohibition of unfair commercial practices

3.—(3) A commercial practice is unfair if—

.   . . .

(b) it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product.

 

“commercial practice” means any act, omission, course of conduct, representation or commercial communication (including advertising and marketing) by a trader, which is directly connected with the promotion, sale or supply of a product to or from consumers, whether occurring before, during or after a commercial transaction (if any) in relation to a product;

 

“materially distort the economic behaviour” means in relation to an average consumer, appreciably to impair the average consumer’s ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise;

 

The Elddis advertising clearly claims their caravan should withstand 27,000 miles of average road conditions, including such things as going over potholes.   After reading their claim, it would be reasonable for the average user to assume the caravan was robust enough for many years use and therefore, as I did, along with other considerations believe this was a good quality caravan to buy.

 

Remember too the CRA 2015 states that the goods must be durable. In the guidance notes included with the Act is the following statement:

 

Subsection (2) provides that the test of whether or not the quality of the goods is satisfactory is determined by what a reasonable person would consider satisfactory for the goods in question, taking into consideration all relevant circumstances including any description, the price and any public statements by the trader or producer or their representatives, such as statements made in advertisements or on the labels of goods. For example, a lower standard might be expected of cheap or disposable goods in comparison to an equivalent item that cost more or was advertised as being particularly durable.

 

Yes, you could well stand before a court and argue that (depending on the age and use of the caravan):

 

Your honour I'm at court as I have cracks appearing in my caravan bodywork but the dealer says I must have hit a pothole and I'm not covered for the damage.

 

An excellent post and highlights what I have been banging on about for awhile.