Small Claims Court - return of goods

grez1200

I am currently going through the small claims court to reclaim the purchase cost of a faulty vehicle. My question is - if the judge rules in our favour and the car company is ordered to reimburse us, will we have to return the car to them or would we also keep the car??

DanDare999

grez1200 said:

I am currently going through the small claims court to reclaim the purchase cost of a faulty vehicle. My question is - if the judge rules in our favour and the car company is ordered to reimburse us, will we have to return the car to them or would we also keep the car??

You've rejected the car so it's not yours and should be returned. 

DullGreyGuy

You'd have normally returned the vehicle before issuing as you can't have the money and the car. If you have the car then the settlement is simply the difference between what you paid for it and what it would have been worth with the fault or the cost of repairing the fault.

born_again

If you still have car, they may not rule in your favour. 

pinkshoes

grez1200 said:

I am currently going through the small claims court to reclaim the purchase cost of a faulty vehicle. My question is - if the judge rules in our favour and the car company is ordered to reimburse us, will we have to return the car to them or would we also keep the car??

Why would you be claiming for something that you still have and want to keep?!?!

Return car immediately and certainly don't use it!!!

grez1200

I thought this was a forum for helping people, not taking the mick.

I have never been through this process before. The garage refused to take the rejection and take the vehicle back. We therefore kept it and assumed I would return upon judgement. 

DanDare999

grez1200 said:

I thought this was a forum for helping people, not taking the mick.

I have never been through this process before. The garage refused to take the rejection and take the vehicle back. We therefore kept it and assumed I would return upon judgement. 

So you accepted it back? If you rejected it, you leave the car with them. Please say you're not using it. 

macman

grez1200 said:

I thought this was a forum for helping people, not taking the mick.

I have never been through this process before. The garage refused to take the rejection and take the vehicle back. We therefore kept it and assumed I would return upon judgement. 

But your first post clearly implies that you thought you could win the judgement and keep the car.
If you haven't physically returned it, you haven't rejected it. Just take it back, park it on the forecourt and hand the keys over, along with a copy of your LBA.
Why would you want to keep it in the meantime, as it's faulty?
Just bear in mind that obtaining judgement does not necessarily get you your money back, unless the defendant decides to pay up voluntarily. The judge does not 'order' the defendant to pay anything, he merely issues a CCJ that confirms the debt is due and gives you the right to use various other means to collect payment: primarily, instructing bailiffs.

TELLIT01

macman said:

grez1200 said:

I thought this was a forum for helping people, not taking the mick.

I have never been through this process before. The garage refused to take the rejection and take the vehicle back. We therefore kept it and assumed I would return upon judgement. 

But your first post clearly implies that you thought you could win the judgement and keep the car.
If you haven't physically returned it, you haven't rejected it. Just take it back, park it on the forecourt and hand the keys over, along with a copy of your LBA.
Why would you want to keep it in the meantime, as it's faulty?
Just bear in mind that obtaining judgement does not necessarily get you your money back, unless the defendant decides to pay up voluntarily. The judge does not 'order' the defendant to pay anything, he merely issues a CCJ that confirms the debt is due and gives you the right to use various other means to collect payment: primarily, instructing bailiffs.

The first post doesn't make any such assumption.  It was a totally open question.

the_lunatic_is_in_my_head

Rejecting the goods doesn't require their return. 

The consumer may reject goods that do not conform (subject to the timeframes, etc). 

Once rejection has occurred the consumer has a duty to return the goods if they have agreed to do so (presumably by way of T&Cs). If they haven't agreed then the consumer has a duty to make the goods available for collection by the trader. 

Should OP have agreed to return the goods and has failed to do so this doesn't mean they haven't rejected the goods, although obviously significantly weakens their claim if looking at small claims. 

However if the OP only had to make the goods available for collection, does so and the trader refused to collect, well that's up to the trader really. I'm pretty sure if the consumer won in court the trader would soon collect the goods should they be of value.....