consumer rights act question
consumer rights act question
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gardeners26

Original Poster:

30 posts

204 months

Sunday 8th September 2024
quotequote all
In the ‘old days’ people would buy a used car from a nearby dealer.
With the internet it is now common for buyers to buy from a dealer that may be a long distance
away.
When it comes to making a justified claim within 6 months for a fault the dealer will invariably want the car returned to them for inspection even if another garage close to the buyer has identified and costed the fault.
In the CRA section 23, 2 (a)(“ without significant inconvenience to the consumer”) would this entitle the consumer to have the fault rectified locally at the supplying dealers cost if he is a long distance from the dealer?
I appreciate that the question would be fact specific and ‘significant inconvenience’ is subjective

BenS94

3,245 posts

41 months

Sunday 8th September 2024
quotequote all
You should have warranty, failing this, just speak to the dealer, they may want you to take the car to a national chain as opposed to a small local mechanic, even if they are better.

BunkMoreland

2,414 posts

24 months

Sunday 8th September 2024
quotequote all
gardeners26 said:
In the ‘old days’ people would buy a used car from a nearby dealer.
With the internet it is now common for buyers to buy from a dealer that may be a long distance
away.
When it comes to making a justified claim within 6 months for a fault the dealer will invariably want the car returned to them for inspection even if another garage close to the buyer has identified and costed the fault.
In the CRA section 23, 2 (a)(“ without significant inconvenience to the consumer”) would this entitle the consumer to have the fault rectified locally at the supplying dealers cost if he is a long distance from the dealer?
I appreciate that the question would be fact specific and ‘significant inconvenience’ is subjective
First things first! Despite what many idiots will tell you. The CRA is NOT equivalent to a belts and braces warranty. SO be careful with what YOU think is justified and what the act thinks. Its particularly vague on anything used as well.

Has the trader actually been contacted about this problem yet? Without knowing their position, you cant expect us to give advice.

Also in terms of "without significant inconvenience" How did you get the car from them in the first place? Did you travel to them? Or did they deliver it to you? Cause if its the former, then it obviously was not significant to you before. So why should it be now?


Canon_Fodder

1,775 posts

80 months

Monday 9th September 2024
quotequote all
gardeners26 said:
In the CRA section 23, 2 (a)(“ without significant inconvenience to the consumer”) would this entitle the consumer to have the fault rectified locally at the supplying dealers cost if he is a long distance from the dealer?
Only if the seller agrees

skyebear

969 posts

23 months

Monday 9th September 2024
quotequote all
gardeners26 said:
In the ‘old days’ people would buy a used car from a nearby dealer.
With the internet it is now common for buyers to buy from a dealer that may be a long distance
away.
When it comes to making a justified claim within 6 months for a fault the dealer will invariably want the car returned to them for inspection even if another garage close to the buyer has identified and costed the fault.
In the CRA section 23, 2 (a)(“ without significant inconvenience to the consumer”) would this entitle the consumer to have the fault rectified locally at the supplying dealers cost if he is a long distance from the dealer?
I appreciate that the question would be fact specific and ‘significant inconvenience’ is subjective
Between 30 days - to six months the CRA obliges you to give the dealer one go at repairing it. If that was to fail you can then request a refund.

They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.

BunkMoreland

2,414 posts

24 months

Monday 9th September 2024
quotequote all
skyebear said:
Between 30 days - to six months the CRA obliges you to give the dealer one go at repairing it. If that was to fail you can then request a refund.

They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.
sigh.

Want to show us in the act your opinion?

https://www.legislation.gov.uk/ukpga/2015/15/conte...

Why do people continue to say things that aren't true. He cannot request a refund after 6 months on a used car ffs!

Well I mean, he can, but the CRA isnt going to back him on it! laugh

skyebear

969 posts

23 months

Monday 9th September 2024
quotequote all
BunkMoreland said:
skyebear said:
Between 30 days - to six months the CRA obliges you to give the dealer one go at repairing it. If that was to fail you can then request a refund.

They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.
sigh.

Want to show us in the act your opinion?

https://www.legislation.gov.uk/ukpga/2015/15/conte...

Why do people continue to say things that aren't true. He cannot request a refund after 6 months on a used car ffs!

Well I mean, he can, but the CRA isnt going to back him on it! laugh
Please read what I wrote: 30 days - 6 months. After 6 months the burden of proof falls on the buyer.

Section 24 of CRA covers the final right to refund. And that reasonable deduction can be made for usage over the period. But only after you've given the dealer an opportunity to fix it and this doesn't work.

Which magazine and the motor ombudsman also detail this.

mcpoot

985 posts

124 months

Tuesday 10th September 2024
quotequote all
BunkMoreland said:
skyebear said:
Between 30 days - to six months the CRA obliges you to give the dealer one go at repairing it. If that was to fail you can then request a refund.

They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.
sigh.

Want to show us in the act your opinion?

https://www.legislation.gov.uk/ukpga/2015/15/conte...

Why do people continue to say things that aren't true. He cannot request a refund after 6 months on a used car ffs!

Well I mean, he can, but the CRA isnt going to back him on it! laugh
Why not read and reflect on your own words?

Mojooo

13,248 posts

197 months

Tuesday 10th September 2024
quotequote all
BunkMoreland said:
skyebear said:
Between 30 days - to six months the CRA obliges you to give the dealer one go at repairing it. If that was to fail you can then request a refund.

They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.
sigh.

Want to show us in the act your opinion?

https://www.legislation.gov.uk/ukpga/2015/15/conte...

Why do people continue to say things that aren't true. He cannot request a refund after 6 months on a used car ffs!

Well I mean, he can, but the CRA isnt going to back him on it! laugh
Why cant he request a refund after 6 months? Nothing in the CRA says you can't.

The CRA says (assuming you have missed the 30 day right to reject) - you are entitled to a repair/preplacement or if that is
- too expensive for the business
- at a significant inconvenience to the consumer

they can move to a partial or full refund

The only relevance of the 6 months is that the burden to prove the fault wasn't there is on the trader.

You can ask for a rejection after 6 months and if it is granted then its likely to be a partial one to account for usage.

If you bought the car from a distance away then arguably its not a significant inconvience to take it back there (even though it may be in reality). So i think you might have to unless you can come to an agreement with the garage to go local.

MustangGT

13,452 posts

297 months

Tuesday 10th September 2024
quotequote all
Mojooo said:
Why cant he request a refund after 6 months? Nothing in the CRA says you can't.

The CRA says (assuming you have missed the 30 day right to reject) - you are entitled to a repair/preplacement or if that is
- too expensive for the business
- at a significant inconvenience to the consumer

they can move to a partial or full refund

The only relevance of the 6 months is that the burden to prove the fault wasn't there is on the trader.

You can ask for a rejection after 6 months and if it is granted then its likely to be a partial one to account for usage.

If you bought the car from a distance away then arguably its not a significant inconvience to take it back there (even though it may be in reality). So i think you might have to unless you can come to an agreement with the garage to go local.
Several of the clauses are specific to sales of motor vehicles, it is not the same as other goods. IIRC after 14 days they can always deduct for usage. Up to 6 months the onus is on the supplier to prove the fault was NOT there at the point of sale, after that, the onus is on the buyer to prove it WAS there.

Mojooo

13,248 posts

197 months

Tuesday 10th September 2024
quotequote all
Motor traders can charge for use after 30 days
For all other goods its 6 months

Thats the only difference between cars and non cars


mcpoot

985 posts

124 months

Tuesday 10th September 2024
quotequote all
Mojooo said:
Motor traders can charge for use after 30 days
For all other goods its 6 months

Thats the only difference between cars and non cars
Correct. No idea what MustangGT is on about.