CRA2015 & cars as prizes??

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Discussion

Trevor555

Original Poster:

4,749 posts

99 months

Yesterday (09:39)
quotequote all
Question for anyone in the know.

If you win a car as a prize, is it covered by the CRA2015?

Say you bought a ticket for £50

Have you paid for a car?

Or have you paid for a lottery/competion/prize draw?

Have the company supplied a car to a consumer?

Or have they gifted/awarded it?

Edit to be clearer, would the supplier be obligated to repair any faults.

Edited by Trevor555 on Saturday 12th July 10:26


Edited by Trevor555 on Saturday 12th July 10:29

paul_c123

806 posts

8 months

Yesterday (09:56)
quotequote all
Good question!!

I think the lottery ticket is covered by CRA2015. In other words, if it were bought but not entered into the draw, you could claim it wasn't fit for purpose and get (eg) £50 back.

But the prize itself is a gift and would come as-is. As such, evaluate the car and the cash alternative (if there is one) on that basis.

2 sMoKiN bArReLs

31,164 posts

250 months

Yesterday (10:06)
quotequote all
Trevor555 said:
Question for anyone in the know.

If you win a car as a prize, is it covered by the CRA2015?

Say you bought a ticket for £50

Have you paid for a car?

Or have you paid for a lottery/competion/prize draw?

Have the company supplied a car to a consumer?

Or have they gifted/awarded it?
Is your question if you get a brand new car for £50 & it's a lemon you can get £25,000 back? I'd imagine the organiser's rules would say give the car back & we'll return the £50.

MitchT

16,736 posts

224 months

Yesterday (10:09)
quotequote all
"This brand new Porsche 911 I've won has light grey stitching on the leather and the spec said it was white. It's not as described. I want my £50 back!"

Trevor555

Original Poster:

4,749 posts

99 months

Yesterday (10:24)
quotequote all
2 sMoKiN bArReLs said:
Is your question if you get a brand new car for £50 & it's a lemon you can get £25,000 back? I'd imagine the organiser's rules would say give the car back & we'll return the £50.
No, that's not my question.

My question relates to any faults with the car.

Would the supplier be obligated to repair.


Edited by Trevor555 on Saturday 12th July 10:29

Trevor555

Original Poster:

4,749 posts

99 months

Yesterday (10:28)
quotequote all
paul_c123 said:
Good question!!

I think the lottery ticket is covered by CRA2015. In other words, if it were bought but not entered into the draw, you could claim it wasn't fit for purpose and get (eg) £50 back.

But the prize itself is a gift and would come as-is. As such, evaluate the car and the cash alternative (if there is one) on that basis.
Thank you.

That is the info I was looking for.

Simpo Two

89,010 posts

280 months

Yesterday (11:48)
quotequote all
Or would it be a case of the lottery company purchased the car with a warranty, then gave the car away to someone else? If so I would think the manufacturer's warranty still stands, whether the current owner got it for market value, for free or anything in-between.

papa3

1,486 posts

202 months

Yesterday (15:21)
quotequote all
Simpo Two said:
Or would it be a case of the lottery company purchased the car with a warranty, then gave the car away to someone else? If so I would think the manufacturer's warranty still stands, whether the current owner got it for market value, for free or anything in-between.
Warranties would be transferrable to the new owner unless specifically excluded from such. I can't see that SOGA/CRA would apply as there is no sale.

2 sMoKiN bArReLs

31,164 posts

250 months

Yesterday (17:24)
quotequote all
Trevor555 said:
2 sMoKiN bArReLs said:
Is your question if you get a brand new car for £50 & it's a lemon you can get £25,000 back? I'd imagine the organiser's rules would say give the car back & we'll return the £50.
No, that's not my question.

My question relates to any faults with the car.

Would the supplier be obligated to repair.


Edited by Trevor555 on Saturday 12th July 10:29
That'd be down to the warranty then?

paradigital

1,035 posts

167 months

Yesterday (17:52)
quotequote all
2 sMoKiN bArReLs said:
That'd be down to the warranty then?
But a warranty (or lack thereof) doesn t trump the CRA2015 and your statutory rights of a product that s fit for purpose, lasts a reasonable length of time and is as described.

This I imagine is the crux of the original question. Is the supplier of the car (i.e. the person you have the only contract with) responsible for the consumer rights afforded by the CRA2015, or are they only responsible for the “value” of the ticket.

qwerty360

256 posts

60 months

Yesterday (19:46)
quotequote all
Quick reading of CRA rules suggests this is pretty much irrelevent.


Right to replace or repair is limited if it would cause disproportionate costs to trader compared to other remedies.


Another remedy is return for refund. Which in this case would be refund the ticket price if CRA actually applied (I suspect that prizes won't be covered, instead having specific legislation for prizes in gambling etc...)


Mojooo

13,213 posts

195 months

Yesterday (21:31)
quotequote all
IMO no but look at this part which explains whats covered

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

Your best hope is

I dont think it was intended to cover competitions but there may be an argument as its quite open ended..


8Contracts for transfer of goods
A contract to supply goods is a contract for transfer of goods if under it the trader transfers or agrees to transfer ownership of the goods to the consumer and—
(a)the consumer provides or agrees to provide consideration otherwise than by paying a price, or

(b)the contract is, for any other reason, not a sales contract or a hire-purchase agreement.

MattsCar

1,758 posts

120 months

Yesterday (21:45)
quotequote all
Wasn't there a post on here where someone won an Escalade and was a little miffed as the wording of the competition was a bit shady and it purported the vehicle was worth considerably more?

Here we go...



https://www.pistonheads.com/gassing/topic.asp?h=0&...


Edited by MattsCar on Saturday 12th July 21:47