What to do with car after chargeback

AdrianC

Agricolae wrote: »

Fair enough - I hadn't spotted that! Right under the bit I'd read as well. However it does refer to the consumer returning the goods in person. Suppose they hire a towing company to do it for them? They haven't returned the goods in person so presumably they can still bill that to the dealer...

They're delegating the return to their agent - the shipper. The goods have to be returned to the place the consumer took possession. How they do that is their own problem, as is the cost.

Agricolae

AdrianC wrote: »

They're delegating the return to their agent - the shipper. The goods have to be returned to the place the consumer took possession. How they do that is their own problem, as is the cost.

I suppose then that any claim would turn on the meaning of "in person". The explanatory note in the CRA isn't that helpful on this, but my view is that "in person" would be interpreted as having the everyday meaning of the phrase.

It would be interesting to see it tested in court. The Lawgistics article which has been quoted elsewhere would appear to suggest the legal position is that the dealer pays, or at the very least that there is some doubt over the issue.

Whether or not a dealer would pay without litigation is pretty doubtful, as I can't imagine many dealers thinking that was particularly fair if - for example - the customer lives hours away, that they should foot all of the bill.