CRA 2015 - Short-term right to reject issues

[AVA52030]

Hi all,

I have exercised my short-term right to reject faulty goods but the trader is not willing to acknowledge that under CRA 2015 a full refund is due and within 14 days. They are adamant that the refund will only be made once they have received and inspected the goods and they would be within their rights to deduct from the refund for any further damage they find, viewing me as liable for this.

The trader has acknowledged the fault so entitlement to a refund is not in question. I think part of the issue I am having with the trader is that as the fault is damage to a component of the goods (in justifying my choice to reject I have expressed my concern about latent faults) so they will look to replace the damaged component and resell and thus are limiting their potential losses due to my handling of the goods (in the same condition as delivered by the trader in person, I made them aware of the fault the next day) with their assertions on the refund process.

I have spoken to Citizens Advice who have confirmed no deduction can be made to the refund and I have informed the trader of this but to no avail, they believe this is their option for redress in the event of finding any issues.

To cut a long story short about liability for returning the goods (not local) and thus enabling the refund, the trader is coming to collect the goods in person and states they will inspect and issue a refund accordingly.

I would appreciate any advice or information regarding the above and these specific questions to aid in further correspondence with the trader to seek an agreeable resolution:

1. Am I correct in expecting that the refund should be in full and within 14 days (it is 30 days since I rejected the item)?
2. No deduction to the refund can occur?
3. What is the trader’s right of redress if they believe losses have occurred?
4. Can they collect before fulfilling their legal obligations for a refund?

Thanks in advance,

A

[echat11]

Hi AVA

The goods has to be returned in the same condition that you received them.

I think you're concern is the Trader finding faults that aren't there.

Have you taken pictures / video?

How did you pay? CC / Debit card?

[Manxman]

Under the short term right to reject, the trader must refund you "... without undue delay. and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund." [s20(15) Consumer Rights Act 2015 (legislation.gov.uk) ]

I'm afraid I find your account a bit unclear as to whether the trader has actually agreed you are entitled to a refund. On the one hand you say he has acknowledged the fault, but on the other hand you say he wants to inspect the item before agreeing to a refund. Which is it? AIUI he would be within his rights to delay refunding you until 14 days after agreeing a refund was payable.

I believe that under the short-term right to reject he is entitled to inspect the goods to confirm that they are indeed faulty, but if they are, the consumer is entitled to a full refund of whatever they have paid. [s20(10) of the above legislation].

I must admit it would seem "obvious" that if you cannot return the goods in the same condition that you received them in, then the trader should be able to reduce the refund accordingly. But the law does not appear to say that - it simply says that you are "entitled to receive back the same amount of money" that you paid. If Parliament had intended that the trader could make a reduction to the refund, I assume they would have provided for that. I suppose their thinking may have been that if the item was sufficiently faulty to justify rejection for a refund, then that was enough to justify a full refund. (Doesn't really make sense but that's true of other aspects of consumer legislation too).

[AVA52030]

Thanks for the replies so far.

I paid by Debit Card. I have photos of the goods in the as received condition, from the day after delivery of the main fault, and others 5 days later showing the general condition of the goods to have been used in the right to reject email, but not included in the end.

My main concern (and uncertainty due to the trader’s assertions) is currently I seem to be in quite a disadvantaged position of having received faulty goods with no guarantee of receiving a full refund in the first instance or in a timely manner. I would understand parts of the situation if I had cancelled for a refund but not where a breach of contract has occurred. I have quoted to the trader CRA 2015 s20(10), s20(15), Explanatory Note 118. and https://www.businesscompanion.info/e...mrighttoreject to ensure no ambiguity on the entitlement of a full refund but as with the Citizens Advice info they do not see it as relevant.

In addition to the trader accepting the fault, the fault has been corroborated by the manufacturer who has sent the trader a replacement part.

To clarify - what the trader is wishing to do is use their discretion on the value of the refund in the event that I have caused damage or diminished the value of the goods - they haven’t referenced it but I believe they view that CCRs 2013 s34(9) applies in all situations, even breach of contract(?), and overrides CRA 2015 s20.

Regarding the inspection, legitimate or not in the circumstances, the trader will be in a position to fully scrutinise the goods for any issues where I left the goods alone upon identifying the fault. The nature of the fault rendered the goods unsafe to use so I haven’t confirmed they function correctly. Ironically the goods had a pre-delivery inspection where the fault was missed, a crack in the component material.

Fundamentally I want to make sure that I can state 100% that I should have received a refund in full to protect myself against any undue actions by the trader.

[echat11]

Depending on the value of the goods, you can contact your debit card provider and request a Chargeback, do it in writing, make sure you get Proof of Postage.

https://www.which.co.uk/consumer-rig...k-abZ2d4z3nT8q

[des8]

You don't say what the goods are, but CRA 2019 sec 34 (9) only refers to digital goods
The trader can only deduct money for fair usage if the goods are a motor vehicle:

In addition to sec 20 (10) re short term right to reject Sec 24 (10) makes it clear that in the first 6 months after delivery no deductions may be made;

CRA 2015 sec 24 (10):
(10)No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—
(a)the goods consist of a motor vehicle, or
(b)the goods are of a description specified by order made by the Secretary of State by statutory instrument.