CRA 30 day short-term right to reject - cars

Okell

I'm having a mental block and can't find something...   

I know consumer advice always says that you can get a full refund if exercising the short-term right to reject a car, but where is that spelt out in the CRA?

The only reference to "motor vehicle" I can find in the Act is in s24(10)(a) where "motor vehicles" are excluded from the general rule that a trader can't make a deduction for use within the first 6 months.  Why doesn't that exception also cover the first 30 days?

I'm sure I'm being stupid and my brain has seized up...

eskbanker

Okell said:

I know consumer advice always says that you can get a full refund if exercising the short-term right to reject a car...

Does it?  Are you thinking of somewhere that ought to be seen as authoritative?

the_lunatic_is_in_my_head

Does it say it by omission? I.e the mention of deductions for car comes under final right/price reduction only?

Okell

Well that's sort of what I'm asking...

What is the legislative basis for the following views?

Can I Reject A New Or Used Car? l Consumer Law Blog l Nelsons (nelsonslaw.co.uk)

What are a consumer’s legal rights when buying a car? - The Motor Ombudsman

Rejecting a car - your consumer rights | The Car Expert

Letter rejecting a new or used car bought from a dealer - Which?

They all appear to say you can get a full refund on a car if rejected within 30 days...

[Edit: I think it's always been my understanding that you can get a full refund on a car within 30 days.  People have been told that on here.  I just can't - at the moment - work out where in the Act it says that...]

Alderbank

Okell said:

Well that's sort of what I'm asking...

What is the legislative basis for the following views?

Can I Reject A New Or Used Car? l Consumer Law Blog l Nelsons (nelsonslaw.co.uk)

What are a consumer’s legal rights when buying a car? - The Motor Ombudsman

Rejecting a car - your consumer rights | The Car Expert

Letter rejecting a new or used car bought from a dealer - Which?

They all appear to say you can get a full refund on a car if rejected within 30 days...

I suppose the legislative basis is s20 of CRA which says s20 (10) To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
There doesn't appear to be any limitation of this in terms of description of goods, but there is in terms of time because s20 is subject to s22.

s22 says that if rejection is delayed until after 30 days s20 no longer applies so you then only have the final right to reject, s24.

s24 contains the clause (10) No deduction may be made if the final right to reject is exercised in the first 6 months...unless the goods consist of a motor vehicle

Okell

Thank you lunatic and Alderbank.

Yes - it must be the combination of s20(10) saying "the same amount of money" (ie a full refund) and s24(10) applying only to the final right to reject and not the short term right.

thank you

sheramber

Okell said:

I'm having a mental block and can't find something...   

I know consumer advice always says that you can get a full refund if exercising the short-term right to reject a car, but where is that spelt out in the CRA?

The only reference to "motor vehicle" I can find in the Act is in s24(10)(a) where "motor vehicles" are excluded from the general rule that a trader can't make a deduction for use within the first 6 months.  Why doesn't that exception also cover the first 30 days?

I'm sure I'm being stupid and my brain has seized up...

Section 20 covers the short term right to reject and get a refund for any faulty item. It is not restricted to cars

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

Okell

sheramber said:

Okell said:

I'm having a mental block and can't find something...   

I know consumer advice always says that you can get a full refund if exercising the short-term right to reject a car, but where is that spelt out in the CRA?

The only reference to "motor vehicle" I can find in the Act is in s24(10)(a) where "motor vehicles" are excluded from the general rule that a trader can't make a deduction for use within the first 6 months.  Why doesn't that exception also cover the first 30 days?

I'm sure I'm being stupid and my brain has seized up...

Section 20 covers the short term right to reject and get a refund for any faulty item. It is not restricted to cars

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

But s20 doesn't just cover the short-term right to reject, does it?  It just deals with the  "Right to reject" including both the final right and the short-term right to reject.  (And I didn't say it was only restricted to cars...)

The answer to my question is the one already put forward by the lunatic and Alderbank that s24(10) applies only to the final right to reject and not the short-term right.