rejection of vehicle | Legal matters | Back Room Forum

Mon 30 Apr 2018 09:52

rejection of vehicle - loulou91

Is anyopne au fait with the new law on rejection of a vehicle?

I have a customer asking for return of vehicle in return of full asking price paid, i have stated they can either return the vehicle to myself for a full refund, or they can return it to a garage local to me to check what they say is correct.

Have i done right here?

However they have said they will not return the car and i must pick it up and give them their money, the car is a long distance away.

I would have thought they would need to return it?

Does anybody DEFINATELY know the law surrounding this please as id like to let this come to a satisfactory conclusion.

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Mon 30 Apr 2018 10:37

rejection of vehicle - Bromptonaut

I think most of us here, and most public sources, approach this from a consumer perspective. The Citizens Advice website has a useful tool that leads one through process:

www.citizensadvice.org.uk/consumer/buying-or-repai.../

Did your purchaser collect the car or was delivery arranged?

Is the fault they allege one which might make it difficult or dangerous to return the vehicle to you?

If you are a trader then are you a member of a trade associaiton or similar which could help you with this?

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Mon 30 Apr 2018 10:41

rejection of vehicle - loulou91

buyer collected

no the car is not difficult or dangerous to return and there is the option of having it delivered back to me, companies are around £100 to deliver back

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Mon 30 Apr 2018 15:32

rejection of vehicle - Brit_in_Germany

The CRA recites "(7) From the time when the right is exercised—
(a)
the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)
the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed."

So unless there is an agreement in the purcahse contract, making the goods available for collection seems to be an option.

Also "whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."

Edited by Brit_in_Germany on 30/04/2018 at 15:33

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Mon 30 Apr 2018 16:40

rejection of vehicle - Palcouk

If the buyer collected the car, then they are responsible for returning the vehicle, uless it can be verified its in a dangerous condition/undrivable.

Assuming there no clause in the purchase contract

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Tue 1 May 2018 08:42

rejection of vehicle - loulou91

Thankyou all, they say its undriveable, i say different, they drove it fromm mine home, asked a garage to go all over it, the buyer states its `not driveable` although does not define why its not driveable, although it is said that the exhaust has paste on it at the manifold, bonnet doesnt open, clutch is high, and door has dropped slightly but not major.

I guess they are trying to pull the wool over my eyes as they knew all this before they bought the car and none are dangerous in my eyes

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Tue 1 May 2018 08:35

rejection of vehicle - SLO76

Unless you are a trader (you don’t sound like one) then they’ve no legal grounds to demand a refund or to return the vehicle. A private sale is essentially sold as seen unless you’ve misdescribed it and they have proof (kept a copy of the advert) otherwise the car is theirs warts an all.

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