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Thread: Court Claim issued, Storm Doris now damaged van UPDATE

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  1. #276
    fandabby's Avatar

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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    @des8
    Cleared some space, thanks

  2. #277
    fandabby's Avatar

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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Hi

    Thinking a little ahead now.

    I am getting the bumper and wing sorted, van is booked into body shop next week.

    When I get the van back (on a trailer as it is still unroadworthy (from Dekra report) and no MOT or tax now) I will take lots of photos so he can't say it wasn't fixed properly (for in case).

    I will contact trader to recover van for his one time attempt at repairs.

    Now, when I get the van back from trader the Barrister said to the Judge that I can still short term right to reject 7 days after receiving it back then is goes in to the after 30 days and before 6 months - so will be able to final right to reject it up until 6 months.

    Is that correct. ?

    Do I still have rights for short term right to reject once I get it back and for how long ? I thought the clock stopped once I rejected and then once repaired and back in my possession I would still have the remainder of the time limit up to the 30th day. Little confused.

    I purchased 19th Nov
    I rejected 26th Nov

    Would like some clarity please on my legal stand point getting it back from his repairs if anyone can shed some light would be appreciated.

    Many thanks

  3. #278
    des8's Avatar

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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    You will have to go along with the court ruling that you will have short term right to reject for seven days after delivery of van, if not brought to a condition which complies with the requirements of CRA 2015. If validly rejected you have full purchased price refunded.
    You then have a further 5 months in which to reject during which time it is deemed that the faults were present at time of purchase, but a deduction can be made from refund for usage.
    You then have a further 5.5years to reject but you will need to prove that the faults were present at time of purchase, and deductions can be made for usage

    Normally if request repair, then the clock stops whilst the vehicle is being repaired.
    The judge has in effect ruled that changing your mind about opting for repair then rejecting has shortened the time left for short term rejection to 7 days.
    I suppose you could appeal that decision, but I doubt it is worthwhile going down that route.

    Wait to see what judge's written directions state

  4. #279
    fandabby's Avatar

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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thank you, hope to get the order in post tomorrow.

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