CRA Section 20 Period Pause?

[Brijay638]

I have another thread regarding advice on proceeding, however just a quick clarification

Purchased car 13th August 2020
Fault reported 29th August 2020
repair caried out 8/9/2020
Fault has come back multiple times

I have rejected car to dealer on a final right to reject.
have since learned i may be able to argue it is a Short term right to reject due to a repair being reported within 14 days , pausinf the 30 day period, that has yet to be fixed to a satisfacory standard.

Car has since been handed back yet dealer adament its final right and im thetefore liable for 1000 miles at 45p as per hmrc rates.
however im also arguing these rates are inclusive say for employers to give employees using own cars for fuel, milage, tax, insurance etc

Basically what is a reasonable rate i can argue for?
And would this be deemed short term or final right to reject?

Thanks so much

[des8]

You are still within the short time term to reject.
You brought the unsatisfactory condition of the vehicle to the traders attention
You allowed them a number of attempts to bring the vehicle to a satisfactory condition, and until it is satisfactory the clock is stilled.
It is not yet satisfactory so you may still exercise your right to a short term rejection


On the second part the HMRC rate is taking the p**s. A more realistic rate is between 5p & 10p, altho it is open to negotiation.


If the car was purchased with finance have you kept the finance house informed?

[Brijay638]

Hi
thanks for your reply.

I rang the finance company stating my intent to reject on monday. They advised they would allocate my case and investigate. Stated this coukd take 7-14 days due to covid.
i contacted the dealer as was unhappy with this and arranged to hand back etc.
Today had the case manager ring to arrange handing back to which ive told him its all back with the dealer with their written permission to reject.

Then discussed my thoughts on short term rejection due to the issue firat occuring after 14 days, "fixed" on day 22 but then reoccuring with other mechanical issues and being part of the reason for the rejection as still a fault.

They agreed to fight for the short term but think the dealer will "push back" against that.

They also stated that normally theyd work on a 20-25pence per mile policy not the 45pence per mile the dealer is stating.

The dealer got back to my complaint about the mile value being high pretty much saying if you dont like it u can have the car back or see us in court. So ive replied saying ill allow the finance company to deal with specifics as i no longer have any dealings with the car.

Thanks for advice

[des8]

Bear in mind your rejection is to the finance house.
They own the car and if you finish up in court it is the finance house who will be disputing your rejection.

[Brijay638]

A very good point. Didnt think of it like that.
they were nice as pie on the phone. Told me not to cancel direct debit as could affect score due to automatic reporting, but any other payments that come out will be refunded. Then when i pointed out i dont have another payment due until the 1st of the month he said it should be all sorted and refunded by then.

Obviously in the mean time im minus a car, so im tempted go out and get another sorted over the weekend. But then really dont want to end up stuck paying 2 finance agreements off :/

Is there much chance of the dealer accepting and yet the finance arguing?

Also i paid the £300 deposit via credit card at the dealership.

They are being difficult saying they dont owe it back.
are the creditbcard company also liable under section 75?
or would the credit card company be able to do a charge back 4 and a half months later? :/

[des8]

The credit card issuer is also liable for the whole amount, including payments made to finance house
If you make a section 75 claim successfully against credit card, they will claim back from finance house/trader.
Obviously you can't be reimbursed twice, but you can start the ball rolling with your credit card issuer

Once you have rejected the car the contract is ended so to say "Told me not to cancel direct debit as could affect score due to automatic reporting," could land them with egg on their faces. In the meantime tho' it trashes your credit score so probably best to go along with it for the time being!