When rejecting a broken down car - who pays for transportation of vehicle?

Herzlos

panvulcon said:

AdrianC said:

panvulcon said:

In my book a car with a significant coolant leak is not of satisfactory quality regardless of age.

That's not how it works.

Would it be reasonable to expect a leak to develop on a car of that age, mileage, apparent condition, relative price?
If you had owned that car from new, would it be reasonable to have a coolant leak and a cracked spring?

Once again... How old a car, what car are we talking about? You have been asked for this several times, and not answered once. This is very relevant information, without which we are talking in utter generic theory.

Would it be reasonable for a car to be sold at £9k by a trader, advertised as excellent condition for it to be in a un-drivable on day 2 and found to be dangerous? Err no.

Depends on the vehicle, but no it's probably not reasonable. However that part isn't the one that's up for debate.

You're morally in the right, but it'll cost you far more time/money to get the dealer to fix it than it will to just get it fixed locally.

As mentioned repeatedly - if you got the car delivered to you, the dealer is obliged to collect it and cover the cost (good luck on that!), but if you collected it from the dealer, you are obligated to return it and cover the cost (will cost you more than to repair it).

So you can charge on and try and make the dealer pay, but that way is just expensive and frustrating. Or you can just get it fixed and move on with your life.

Thesaltmustflow

Some similarity's here with what happened to me buying my new car from a good distance away (although car wasn't undrivable) and I have concluded that sometimes you've just gotta 'swallow the pill' and get it fixed locally which is what I chose to do and feel a lot happier now it's done.

I too was (and still am) not familar with CRA etc but if your only choice of getting your car fixed for free is to transport it back to dealer at your cost OR pay the £400 locally and put the problem/s behind you then it appears obvious which is the wiser choice.

One would hope you bought the vehicle at the right price by travelling (cars seem to be cheaper further up north you go) as I did and then the money you pay out to put it back in the condition it should? have been in doesn't sting as much. 

force_ten

panvulcon said:

… think I may have found my answer.

https://www.lawgistics.co.uk/blog/legal_updates/the-short-term-right-to-reject-under-the-consumer-rights-act-2015/

reading that article the bill of sale may be an important factor here 

The law actually says:

“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.”

It goes on to say: 
“Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any cost incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them”.

So, unless you expressly make clear in your pre sales information that the customer must return a rejected vehicle to your showroom, all they have to do is tell you where the vehicle is and let you collect it. So, if they live 500 miles away, that’s a fair old trek for you.

Our recommendation? Review your sales documents and if you do not already have one, add a term which is drawn to the customer’s attention that they must get the vehicle back to you if they want to reject it.

the section at the bottom says "unless you expressly make clear in your pre sales information that the customer must return a rejected vehicle to your showroom, all they have to do is tell you where the vehicle is and let you collect it."

so that suggests that unless the return to the garage at the customers expense in case of rejection was stated on the bill of sale and discussed at point of sale then it may be down to the trader to arrange collection at there cost  

force_ten

https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(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.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

neilmcl

force_ten said:

https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(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.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

We've already covered this.

No different to buying any item and taking it away from a shop.

Clive_Woody

For somebody not looking to debate, you are spending a lot of time disputing the advice provided.

If you decline to provide the requested relevant information then there's not much more anyone can do to help. 

sheramber

But nobody was telling him what he wanted to hear so he decided he knew better  himself.

maxsteam

panvulcon said:

I purchased a used car for £9k two weeks ago today from a car dealer and on day two I had a major coolant leak.

No. Don't mess about. Return the car. Argue about the transport costs later. If you pay £9k for a car (unless it's a 50 year old classic) it should last more than 2 days. A coolant leak doesn't sound serious but a head gasket does. This is a problem car and you are able to return it for a refund. Just do it.