Usage deduction 30 days

[Merlot 3]

Hi guys, have a real melter at the moment looking to return car for refund within 30 days. I have rejected her claim so far as the problem seems minor and at this stage she will not let me collect car to carry out work, only wants a refund.

If i can’t be arsed with the hassle and decide to refund can I deduct usage within the first 30 days?

I know this has probably been done to death, however reading up on it some sites say full refund within 30 days regardless and other say deductions can be made from day one. Below is linked to CRA section 24 sub 10. This states deductions can be made and doesn’t mention the 30 period. Just looking clarity before I decide on the end result.

Also what is deemed fair usage, daily amount? Mileage? Added costs to re advertise and valet? Extra keeper on V5? 

Many thanks

 

Deduction for use
 if consumer exercises his final right to reject:
 After the first six months, any refund to the consumer may be reduced by a deduction for
use, to take account of the use the consumer has had of the goods in the period since they
were delivered (section 24(8), CRA).
 During the first six months, any refund to the consumer may be reduced by a deduction for
use, to take account of the use the consumer has had of the goods in the period since they were delivered provided that the following two conditions are satisfied (section 24(10), CRA):
1. the goods consist of a motor vehicle, or
2. the goods are of a description specified by order made by the Secretary of State.

This link posted by Mark101 says with the first 6 months deductions can only be made after 30 days 

http://www.carbuyer.co.uk/tips-and-advice/154226/the-consumer-rights-act-and-new-cars?amp under 6 month rule section.

 

 

Edited June 7, 2018 by Merlot

[Arfur Dealy 823]

Hi, what is the fault, the car and the price paid ?

Full refund in the first 30 days for a serious fault only.

[Merlot 3]

She brought it to two mechanics who diagnosed plugs and MAF, so very minor. Have asked for a report from both mechanics with a diagnostic print out, she has said they won’t as they don’t want involved. I don’t think car has been to any mechanic and her top gear watching car expert boyfriend has diagnosed this. I have offered to collect and repair twice which is refusing. First time driver!

£2900 . 2010 ka with fresh MOT 84000 miles 

Edited June 7, 2018 by Merlot

[Arfur Dealy 823]

It’s not a serious fault therefore your customer is ill informed about rejection (she needs politely educating) You have offered full repair even though plugs are a consumable, a failing MAF would also down to its age and fair “wear n tear”. I generally fix anything within 30 days as a gesture of goodwill. 

[Nick M.K. 574]

35 minutes ago, Merlot said:

can I deduct usage within the first 30 days?

In short - NO. If you accept the rejection the customer is entitled (what an ugly word!) to a full refund AND you have to collect the vehicle from them unless your invoice or terms and conditions specifically state otherwise. 

If you don't want to accept the rejection you can only offer a repair as a gesture of goodwill. 

[Trident 24]

I would refuse their right to reject without an independant written report, it was fit for purpose and drives as it should given age mileage etc etc.  Happy to buy it back if they want out of the deal at xxx pounds, which would be say 300 off sale price to allow for useage and additional owner.

[BHM 994]

You’ve offered a repair & she’s refused you access to the car!?!!!

Why on earth are you f***ing about dancing to her tune? She’s on her own. END OF.

[EPV 631]

6 hours ago, BHM said:

You’ve offered a repair & she’s refused you access to the car!?!!!

Why on earth are you f***ing about dancing to her tune? She’s on her own. END OF.

Pretty much this. 

Write to her, refusing a refund on the grounds that the fault is currently undiagnosed and that a rejection and refund would only be forthcoming if the fault is confirmed to be a major fault. Re-iterate your willingness to repair the issue at your cost or provide a refund on the receipt of an independent report from a qualified mechanic. 

Then ignore her until she either fucks off or allows you access to the car/provides a report. One letter, end of.