Faulty Hotpoint cooker

MarvinDay

HillStreetBlues said:

MarvinDay said:

So as you can see, the 6 month onus of proof falling on the retailer does not apply for the purposes of 3(a) which is the 30 day right of rejection for a full refund.

Yes I agree with that, but nowhere does it say the customer has to in the first 30 days.
It would have to be spelled out in the relevant passage.
E.G. "The onus is on the customer to prove fault in first 30 days"

The fact that it doesn't the customer can not be stopped from activation that clause 

If you agree with it, what don't you understand?

It doesn't state the the customer has to prove the fault but what is does state is that when using your short term right of rejection, the section of the CRA that states that the goods "must be taken not to have conformed to it on that day" does not apply. (ie, the retailer does not have to prove anything)

There are plenty of websites that back this up including government advice websites:

https://www.pkc.gov.uk/media/36396/Consumer-Rights-Act-Guidance/pdf/CRA_Guidance_1.pdf?m=636100716957470000

The burden of proof for the Short-term Right to Reject is on the consumer. However, if the consumer chooses repair, replacement, price reduction or the final right to reject within the first six months, it is assumed that the fault was there at the time of delivery unless the trader can prove otherwise or unless this assumption is inconsistent with the circumstances, for example, where there are obvious signs of abuse or misuse.

https://www.businesscompanion.info/en/quick-guides/goods/sale-and-supply-of-goods#:~:text=If a consumer wishes to,the trader to prove misuse.

If a consumer wishes to exercise the short-term right to reject the goods, it is for them to prove that the fault is not due to misuse. If a consumer claims a repair or replacement (or, if these fail, a price reduction or rejection) within six months of delivery, it is for the trader to prove misuse.

n

powerful_Rogue

Also Citizens Advice

The short term “right to
reject” enables you to return
goods to a trader, within a 30
day period, for a full refund
if your core rights have been
breached. The burden of
proof will be on you to
show that the goods are not
satisfactory, fit for purpose
or as described.
https://www.citizensadvice.org.uk/Global/CitizensAdvice/campaigns/ncw15/NCW15-leaflet.pdf

HillStreetBlues

Thank you both for the links, and can see I went wrong.
I read it as the right to reject came before the right for a replacement or repair,  but can work in conjunction with it.