Right to reject-Statutory interest

Flight3287462

Jenni_D said:

45p per mile? 😲 That's about 3x the highest typical lease mileage overage charge AFAIK.

He says .45p/mile.  So who knows what the right number is as .45p is cheap (as mentioned)

Ant82

Hunyani_Flight_825 said:

Jenni_D said:

45p per mile? 😲 That's about 3x the highest typical lease mileage overage charge AFAIK.

He says .45p/mile.  So who knows what the right number is as .45p is cheap (as mentioned)

This is the legal amount although I don’t know who sets it.
It guess it’s a fair amount. Last year I think it was 42p per mile

born_again

Ant82 said:

I have been in contact with a solicitor and the financial ombudsman, they have both said I am indeed able to seek a refund including statutory interest on the grounds a new car should never have been supplied with such problems. The problems where easy to see for a professional and I should never have been given the car in the first place. Thank you Ditzy

What has FOS got to do with rejecting a car? They deal with banking & finance issues. Not retail issues.

Ant82

born_again said:

Ant82 said:

I have been in contact with a solicitor and the financial ombudsman, they have both said I am indeed able to seek a refund including statutory interest on the grounds a new car should never have been supplied with such problems. The problems where easy to see for a professional and I should never have been given the car in the first place. Thank you Ditzy

What has FOS got to do with rejecting a car? They deal with banking & finance issues. Not retail issues.

Paying for anything is of course a financial issue, they advised on the money side and explained what and when statutory interest is relevant. 

born_again

Ant82 said:

born_again said:

Ant82 said:

I have been in contact with a solicitor and the financial ombudsman, they have both said I am indeed able to seek a refund including statutory interest on the grounds a new car should never have been supplied with such problems. The problems where easy to see for a professional and I should never have been given the car in the first place. Thank you Ditzy

What has FOS got to do with rejecting a car? They deal with banking & finance issues. Not retail issues.

Paying for anything is of course a financial issue, they advised on the money side and explained what and when statutory interest is relevant. 

So how did you pay then? 
If it was via finance co then i can understand, but if it was cash then FOS have no remit to say anything.

Ant82

born_again said:

Ant82 said:

born_again said:

Ant82 said:

I have been in contact with a solicitor and the financial ombudsman, they have both said I am indeed able to seek a refund including statutory interest on the grounds a new car should never have been supplied with such problems. The problems where easy to see for a professional and I should never have been given the car in the first place. Thank you Ditzy

What has FOS got to do with rejecting a car? They deal with banking & finance issues. Not retail issues.

Paying for anything is of course a financial issue, they advised on the money side and explained what and when statutory interest is relevant. 

So how did you pay then? 
If it was via finance co then i can understand, but if it was cash then FOS have no remit to say anything.

The Financial Ombudsman Service gave me great helpful advice for my cash purchase. I’m sure you’re aware the word Financial doesn’t only cover loans aren’t you 

born_again

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help

steampowered

Under section 20 the Consumer Rights Act, if you are relying on your "right to reject", the trader is only required to give you a refund at the following point in time:

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

Therefore, you are not legally entitled to a refund until you have returned the car.

Therefore, I do not see how you can claim statutory interest. You cannot claim statutory interest back to the original date of the purchase because the trader did not have any obligation to refund you at that point. 

Ant82

steampowered said:

Under section 20 the Consumer Rights Act, if you are relying on your "right to reject", the trader is only required to give you a refund at the following point in time:

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

Therefore, you are not legally entitled to a refund until you have returned the car.

Therefore, I do not see how you can claim statutory interest. You cannot claim statutory interest back to the original date of the purchase because the trader did not have any obligation to refund you at that point. 

Thanks but I’ve been in contact with a solicitor who’s advised I can claim statutory interest on the grounds the dealer should never have supplied the car in the first place as it was obvious that it was never fit for purpose, and not of satisfactory quality. thanks for your input though, I’ll check out those points

Jenni_D

Bear in mind that 7(b) is not conditional on 7(a) ... both have to happen, but return of the goods does not need to happen before the refund is made. (See also sub-section 15).