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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75103
Experience:  Over 5 years in practice
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Does the dealer that sold me a touring caravan in 2017 with

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Does the dealer that sold me a touring caravan in 2017 with a 6 year manufacturer's damp warranty have the responsibility to honour the said warranty as the manufacturer does now not exist and has been taken over by a new company that will not honour the original warranty
Assistant: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Dealer is located in Coventry the manufacturer is Lunar in Preston
Assistant: What steps have you taken so far?
Customer: I have contacted dealer who says they will not honour the warranty as they are now not recognised by the new Lunar as a supplier
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: New Lunar say they will honour warranty if the dealer is representing them in the future but the dealer has not been selected

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 13 days ago.
Have you got my question?
Customer: replied 13 days ago.
Are you able to answer by typing?
Customer: replied 13 days ago.
Are you still there?

Thank you.

If this is a dealer sale then they are liable both under the warranty and under the Consumer Rights Act.

The fact that the manufacturers has gone under affects some remedies - for instance they couldn't offer an exchange - but not all.

Can I clarify anything for you?

Jo

Customer: replied 13 days ago.
So I can get back to the dealer with confidence that they are liable for the warranty work to be done

They are liable if they offered the warranty.

But they are also liable under the CRA.

Customer: replied 13 days ago.
It was sold to me by the dealer with the warranty

Then they are not liable

Customer: replied 13 days ago.
They dealer sold me the caravan with a 6 year warranty for damp ingress as supplied from Lunar

Are you seeking to enforce against the seller of the warranty?

if so, who is the underwriter of the warranty?

 

Customer: replied 13 days ago.
The warranty was supplied by the manufacturer who is Lunar who have since been taken over by Lunar Automotive Ltd. They will not honour the warranty as the supplying dealer is not now recognised by the new Lunar. I'm enquiring as to weather the dealer has a responsibility to honour the warranty as my purchase contract is with them.

The dealer is not liable under the warranty if he is not the underwriter but he is liable under the Consumer rights act.

Customer: replied 13 days ago.
I understand the dealer I purchased from is not liable for the warranty but can I insist the responsibility to respect the warranty is with the supplying dealer as part of the terms of the purchase contract when I bought the caravan with regard to CRA. I need to be confident when approaching the supplier with regard to their responsibilities. Sorry for being a pain!

No.

The warranty can be enforced to the extent of it's conditions. If it is underwritten by a company then almost certainly they are the liable person.

But you have rights against the CRA against the dealer in relation to the state of the vehicle.

Customer: replied 13 days ago.
Considering my previous enquiries can I presume my only option is the CRA route and the obligation of the supplier to honour their responsibilities with reference to the CRA? Do they have an option to refuse their obligation to adhere to the CRA?

They can't refuse to honour obligations under the CRA and the court will enforce that if necessary.

Customer: replied 13 days ago.
Thanks for your valued responses to my questions. I now have the confidence to respond to the dealer should they reject my claims that they have an obligation to honour my warranty claim under the CRA 2015.

No problem and all the best.

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