vehicle rejection - protocol
Discussion
Where a car has been rejected under the Consumer Rights Act & Distance Selling Regulations, at what point does the person rejecting the car cancel their VED and insurance and transfer the V5 back into the trader's name?
In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
snorkel sucker said:
Where a car has been rejected under the Consumer Rights Act & Distance Selling Regulations, at what point does the person rejecting the car cancel their VED and insurance and transfer the V5 back into the trader's name?
In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
The person rejecting the car can cancel the VED and insurance whenever they want to, it won't make any difference to the dealer and it won't stop the buyer owning the car. It just means they can't drive it!In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
The car remains in ownership of the buyer until such time as the dealer decides to accept it back, either voluntarily or by court order, or to be more exact, refunds any money.
The V5 is transferred to the new registered keeper (or trade) at the same time as any money is exchanged.
NGee said:
snorkel sucker said:
Where a car has been rejected under the Consumer Rights Act & Distance Selling Regulations, at what point does the person rejecting the car cancel their VED and insurance and transfer the V5 back into the trader's name?
In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
The person rejecting the car can cancel the VED and insurance whenever they want to, it won't make any difference to the dealer and it won't stop the buyer owning the car. It just means they can't drive it!In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
The car remains in ownership of the buyer until such time as the dealer decides to accept it back, either voluntarily or by court order, or to be more exact, refunds any money.
The V5 is transferred to the new registered keeper (or trade) at the same time as any money is exchanged.
snorkel sucker said:
NGee said:
snorkel sucker said:
Where a car has been rejected under the Consumer Rights Act & Distance Selling Regulations, at what point does the person rejecting the car cancel their VED and insurance and transfer the V5 back into the trader's name?
In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
The person rejecting the car can cancel the VED and insurance whenever they want to, it won't make any difference to the dealer and it won't stop the buyer owning the car. It just means they can't drive it!In this case the consumer has rejected the car and the car has been collected by the dealer. The dealer first wants to inspect the car before making a decision whether to 'accept' the rejection but is insisting that until they have done that assessment and made their decision, the ownership of the car remains the responsibility of the consumer.
The car remains in ownership of the buyer until such time as the dealer decides to accept it back, either voluntarily or by court order, or to be more exact, refunds any money.
The V5 is transferred to the new registered keeper (or trade) at the same time as any money is exchanged.
But if it's not insured and catched fire you wont get paid out if you still own it
snorkel sucker said:
Just to update this thread and in a somewhat bizarre turn of events, the vehicle was collected last week but with the dealer not accepting any rejection until an inspection was carried out. Having heard nothing more, the car appears to now be re-listed for sale on their website.
Print that advert off, preferably with the date showing somewhere, just in case you need it.snorkel sucker said:
No refund as yet - have heard nothing since the vehicle was collected last week.
I took a screenshot of the advert yesterday including the date - also have the original advert saved and it is definitely a new ad as the details have been changed.
I took a screenshot of the advert yesterday including the date - also have the original advert saved and it is definitely a new ad as the details have been changed.
What are they playing at?
The rejected car should have been exchanged for a simultaneous refund
snorkel sucker said:
No refund as yet - have heard nothing since the vehicle was collected last week.
I took a screenshot of the advert yesterday including the date - also have the original advert saved and it is definitely a new ad as the details have been changed.
It it readvertised for more or the same price?I took a screenshot of the advert yesterday including the date - also have the original advert saved and it is definitely a new ad as the details have been changed.
For devilment, I would be tempted to ring up and try and buy your own car.
More seriously, has the original purchaser has been on the phone to them to see what they are playing at?
If it is up for sale, they must have 'accepted' the rejection.
NGee said:
snorkel sucker said:
No refund as yet - have heard nothing since the vehicle was collected last week.
I assume you've phoned them up to ask what's happening?I am taking it that by listing the car for sale this demonstrates that they are accepting a rejection. As far as I have been able to establish the clock starts ticking at point of acceptance and a refund is to be paid as soon as possible but not later than 14 days.
StuTheGrouch said:
It appears that they are trying to sell the car to give them the cash to then refund you. Obviously, that isn't on but that appears to be what they're doing.
I agree. I've let them know that the car being listed for sale demonstrates an acceptance of rejection and that a refund should be paid without undue delay and in any event within 14 days (of yesterday, that being the first day I noticed the car being listed for sale). As per CRA wording.
It is a ridiculous situation but one which consumers find they can do absolutely nothing about.
Currently trying to understand what to do about insurance - I don't want any issues with it being uninsured should I cancel my cover but likewise nor do I want to be potentially liable if something were to happen. As it stands, if it is for sale then any Tom, Dick or Harry could be driving around in it. On that basis also, I can't see how it can still be my car as not only is it for sale without my permission, but other people are (potentially) driving it without my permission, doing who knows what to it.
Such a bizarre situation to be in.
snorkel sucker said:
I agree.
I've let them know that the car being listed for sale demonstrates an acceptance of rejection and that a refund should be paid without undue delay and in any event within 14 days (of yesterday, that being the first day I noticed the car being listed for sale). As per CRA wording.
It is a ridiculous situation but one which consumers find they can do absolutely nothing about.
Currently trying to understand what to do about insurance - I don't want any issues with it being uninsured should I cancel my cover but likewise nor do I want to be potentially liable if something were to happen. As it stands, if it is for sale then any Tom, Dick or Harry could be driving around in it. On that basis also, I can't see how it can still be my car as not only is it for sale without my permission, but other people are (potentially) driving it without my permission, doing who knows what to it.
Such a bizarre situation to be in.
What have you done with the V5? Did you hang on to it or did they insist on taking it with the car?I've let them know that the car being listed for sale demonstrates an acceptance of rejection and that a refund should be paid without undue delay and in any event within 14 days (of yesterday, that being the first day I noticed the car being listed for sale). As per CRA wording.
It is a ridiculous situation but one which consumers find they can do absolutely nothing about.
Currently trying to understand what to do about insurance - I don't want any issues with it being uninsured should I cancel my cover but likewise nor do I want to be potentially liable if something were to happen. As it stands, if it is for sale then any Tom, Dick or Harry could be driving around in it. On that basis also, I can't see how it can still be my car as not only is it for sale without my permission, but other people are (potentially) driving it without my permission, doing who knows what to it.
Such a bizarre situation to be in.
As I understand it you're fortunate they collected it - when I purchased a car from the other side of the country under Distance Selling/ CRA they said I would have to deliver it back to them. Fortunately the car was fine so I never had to find out if that was correct.
CAPP0 said:
I rejected a car a few years ago, on solid and agreed grounds. The owner of the dealership I bought it from came to my house, and having verified that the car was there, he instructed his office to transfer the money and stood in my kitchen chatting until it cleared into my account, at which point he drove the car away.
Would you let a car you are selling be taken away if you hadn't received payment in full? Of course not. Given that funds were not transferred as soon as (or before!) the dealer re-took possession, I suspect the OP may have a battle in his hands to get his money back unless or until the dealer sells it again.
It is a bit more complicated than that. You have to allow the car to be inspected before a refund is agreed - there is no definition of what 'inspection' means however, so you can't assume that a visual inspection done there and then would be accepted by all dealers.Would you let a car you are selling be taken away if you hadn't received payment in full? Of course not. Given that funds were not transferred as soon as (or before!) the dealer re-took possession, I suspect the OP may have a battle in his hands to get his money back unless or until the dealer sells it again.
So, the car was taken away to have said inspection done. A week later (which is reasonable time for an inspection to have taken place) the car is now being listed for sale but with no confirmation or otherwise that a rejection has been 'accepted'. Again, the CRA doesn't define a time period for a rejection needing to be agreed or otherwise but one would assume 'reasonableness' comes into play.
To flip the question though - if you'd rejected a car 6 months ago, the day after it was delivered, and it's taken this long to get to a point where it was collected, would you NOT let the car be taken away even if you'd not received payment in full?
I've been fully prepared for a while now that this may need to go to court, but have been balancing this with being able to demonstrate I've done all I can to avoid that (as that is what the pre action protocol states).
It's been a stressful situation, and still is to be honest.
Mr Pointy said:
snorkel sucker said:
I agree.
I've let them know that the car being listed for sale demonstrates an acceptance of rejection and that a refund should be paid without undue delay and in any event within 14 days (of yesterday, that being the first day I noticed the car being listed for sale). As per CRA wording.
It is a ridiculous situation but one which consumers find they can do absolutely nothing about.
Currently trying to understand what to do about insurance - I don't want any issues with it being uninsured should I cancel my cover but likewise nor do I want to be potentially liable if something were to happen. As it stands, if it is for sale then any Tom, Dick or Harry could be driving around in it. On that basis also, I can't see how it can still be my car as not only is it for sale without my permission, but other people are (potentially) driving it without my permission, doing who knows what to it.
Such a bizarre situation to be in.
What have you done with the V5? Did you hang on to it or did they insist on taking it with the car?I've let them know that the car being listed for sale demonstrates an acceptance of rejection and that a refund should be paid without undue delay and in any event within 14 days (of yesterday, that being the first day I noticed the car being listed for sale). As per CRA wording.
It is a ridiculous situation but one which consumers find they can do absolutely nothing about.
Currently trying to understand what to do about insurance - I don't want any issues with it being uninsured should I cancel my cover but likewise nor do I want to be potentially liable if something were to happen. As it stands, if it is for sale then any Tom, Dick or Harry could be driving around in it. On that basis also, I can't see how it can still be my car as not only is it for sale without my permission, but other people are (potentially) driving it without my permission, doing who knows what to it.
Such a bizarre situation to be in.
As I understand it you're fortunate they collected it - when I purchased a car from the other side of the country under Distance Selling/ CRA they said I would have to deliver it back to them. Fortunately the car was fine so I never had to find out if that was correct.
The car was bought as a distance sale and delivered to me, so in terms of it being collected, that was never in question as there was no agreement to the contrary. Getting it collected has been months of lies, delay tactics and excuses!
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