consumer rights act question
Discussion
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
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
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.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
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?
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.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
They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.
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.They may agree to the suggestion of paying a more local repairer but this would be entirely at their discretion.
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!

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

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

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

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.
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.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.
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