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Hi,
I am in the process of rejecting a car bought from Cargiant under the short-term right to reject. The car has done 1000 miles since we bought it, and Cargiant are attempting to deduct a fee for usage at 25p per mile (£250). I'm contending that they can only charge for usage under final right to reject, and said to them:
"Consumer Rights Act 2015 only allows deduction for use to occur during the final right to reject (section 24, subsection (8)). Rejection during the short-term right to reject requires a full refund, as per section 20, subsection (10)."
Their response was to point me to their policy:
"Consumer rights return In the event that you have a valid reason to return the vehicle under your consumer rights, we reserve the right to deduct a reason-able sum of money for the usage of the vehicle and any failure to keep it in good repair and condition. Our policy is to charge 25 pence per mile for each mile covered since the date of sale, along with the cost of any estimate for re-pairs required due to any damage to the vehicle (e.g. interior and exterior) that was caused whilst in your possession/ownership."
Please could you help me understand whether they can indeed 'reserve the right', or whether CRA prevents this from applying unless it's a final right to reject?
Many thanks
I am in the process of rejecting a car bought from Cargiant under the short-term right to reject. The car has done 1000 miles since we bought it, and Cargiant are attempting to deduct a fee for usage at 25p per mile (£250). I'm contending that they can only charge for usage under final right to reject, and said to them:
"Consumer Rights Act 2015 only allows deduction for use to occur during the final right to reject (section 24, subsection (8)). Rejection during the short-term right to reject requires a full refund, as per section 20, subsection (10)."
Their response was to point me to their policy:
"Consumer rights return In the event that you have a valid reason to return the vehicle under your consumer rights, we reserve the right to deduct a reason-able sum of money for the usage of the vehicle and any failure to keep it in good repair and condition. Our policy is to charge 25 pence per mile for each mile covered since the date of sale, along with the cost of any estimate for re-pairs required due to any damage to the vehicle (e.g. interior and exterior) that was caused whilst in your possession/ownership."
Please could you help me understand whether they can indeed 'reserve the right', or whether CRA prevents this from applying unless it's a final right to reject?
Many thanks
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