CRA 2015 Short Term Right to Reject

[George Finn]

Hi all,

Reading previous posts I think we're in with a good shout, however wanted to check and des8 I think you've alluded to the answer to my question in your responses to other people.

Basically bought a second hand car from a dealer, circa £17k which had a fault and was reported within 3 weeks. I understand this commences the waiting period which does not end until the car is returned. However, if the car remains faulty and unsatisfactory, does the waiting period continue until such time as the fault is fully repaired or does the STRTR period commence again until the fault is reported again to the dealer?

Thanks in advance all.

George

[des8]

CRA 2015 provides that the 30 day period will not run during any repair or replacement (the waiting period which begins when dealer is advised of the fault and ends on the day that the consumer receives the repaired goods). On return of the goods to the consumer, the consumer has the remainder of the 30-day period, or 7 days (whichever is longer), within which they can still exercise the short-term right to reject if the goods still breach the standards set by the Act.

How long after the return of the car before the fault reared its head again?

If you bought on finance have you kept the finance house informed?

[George Finn]

Hi Des,

Thank you for taking the time to reply.

The second time took it over the 30 days, however that’s because the fault is water ingress and it only happens when it rains. Add to this I have proof that the dealership tried to delay me and push me away to accept a repair only. They sent an internal email to me in error!

i have submitted a letter to them yesterday with a Notice of Intended Legal Proceedings so will hope to hear from them today. The biggest issue is how much they want to depreciate the vehicle by however considering they were closed for 3 months due to Covid (it was reported faulty before this shutdown thankfully) and they’ve had the vehicle for the whole of July, their offer was simply offensive and they wouldn’t budge, even when I offered a compromise.

[des8]

I suppose that during all this time you have continued using the vehicle, and if you reject under the final right the dealer is entitled to make a deduction for usage.
Often dealers will cite the 45p per mile allowance used by HMRC, but this is incorrect.
It should not be more than 15p per mile and there was a case on here recently where the allowance was set at 10.5p per mile.
Negotiate hard to improve their figure as going to court is a long winded and stressful experience, besides being a bit of a lottery!

[George Finn]

Thanks Des.

Yes the car was used as it’s our only transport however it didn’t move during lockdown and whilst they were closed (3 months) and then not again whilst they had it for the whole of July.

They’ve said 10 pence per mile ( I told them to reduce the mileage by its trips back to the dealership) but used an online price guide to start from, not taking into consideration they were closed (and that was the waiting period too as notified before).

Guess we’ll see how they respond but so far they won’t even acknowledge my rejection, whether short or long term.