Recovery of a vehicle under the Consumer Rights Act

[umesh 336]

3 hours ago, David Horgan said:

This is basically the trouble with the modern society isn't it .

90% of people are aggressive from word go when a fault occurs . Lets google the latest pillock that writes online about a subject he doesn't even know about and then spout that clap trap in an aggressive manner because my 70,000 mile  £2,000 car has got an EML light on . 

1 ;I know my rights , its your fault , you must have known it was faulty , I can reject it , It was there from when i collected it . I want it fixing free . NOW , 

Instead of ring ring 

2; Hello my names !!!!! you know the !!!!!! I bought last week its developed an EML light and just thought if I popped in you might look at it for me please . 

 

Your buying a USED car that's been round the world Three times and  has multiple people driving it , hundreds of moving parts that DO wear . Its NOT new so respect it and don't expect a new one .

When / If something does go wrong its because cars DO wear out on a variable time span till we throw them away . 

Plus its always better to be polite at first and its probably going to get any faults done so much quicker . 

 

This was based on real life last week , Lad buys a Corsa , two weeks later EML comes on , its needed a Lamba probe when we plugged it in , When its in stock I'll ring you I said . OK lad goes thanks . Left him message NEXT day , Hi Parts in , you ok to pop in and we will fit while you wait . 

He didn't get the message , didn't open his messages .

Two days later dads on phone threatening to bring it down and leave it here , I told him to listen to his sons messages and wind his neck in .

Son came down , said dad was a horrible aggressive lunatic that never gets anything done because of his attitude . 

We fitted his Lamba and he was off happy without getting worked up ., Mum phoned me to apologise about husbands aggressive manner 

So billy joe public calm down and be nice , stop reading tripe online and you may well live a long and happy life getting small and large problems that do come to haunt everyone at times fixed in a timely professional manner . 

But do also remember we can tell when YOU are not telling us the full whole truth and nothing but the truth . 

 

 

100% agree ! 

All about attitude, I had major issue with BT 'mis-selling' me the phone system for the workshop, the saga lasted 4 months with headache and eventually they cancelled the contract and back on the old system, As angry as I was and annoyed I stayed calm and professional but expressing my annoyance at the whole situation. Because of how I was, it got sorted and even got compensation which 'allegedly' don't offer! 1st offer I rejected and ‘asked’ it to be reviewed and sure enough they came back! If I’d shouted from the start …. ! it would have gone horribly wrong!

Great to meet you yesterday David ‘face to a voice’

[Area 51 33]

Couldnt agree more.. there is also the bit about kisses at the end of billies communications when by email or text......FFS,  kisses right up until you explain it isn't going their way...

[David Horgan 564]

1 hour ago, umesh said:

Great to meet you yesterday David ‘face to a voice’

You Too Umesh .

Nice Suprise 

[have a word with the wife 299]

2 hours ago, Area 51 said:

Couldnt agree more.. there is also the bit about kisses at the end of billies communications when by email or text......FFS,  kisses right up until you explain it isn't going their way...

[grant8064 219]

On 20/03/2019 at 10:20 AM, Arfur Dealy said:

FYI Absolute clarity.....

http://www.lawgistics.co.uk/read-news/1395#sthash.VgJHOGCL.SU46ZVvU.dpbs

Recovery of a vehicle under the Consumer Rights Act 2015

The Consumer Rights Act 2015 states “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” therefore, if the vehicle is driveable then you can request that the consumer brings the vehicle back to your premises.

But, if the vehicle cannot be driven then “reasonable costs” of recovering the vehicle should be incurred by yourself.  This obviously can be costly. 

If you do not have repair facilities then it may be easier for both parties to have the vehicle diagnosed/repaired at a local VAT registered independent garage near them. 
 

However, If your sales invoice states it is the consumers responsibility to return the vehicle to the trader in the event they wish to exercise their statutory rights, this becomes an express clause of the agreement. 

 

Lawgistics Members can get advice on all consumer related issues from the legal team, we also sell a full range of stationery to help your business be legally compliant.

Thanks for highlighting this Simon. Big Like.

I spent a long time last summer reading and UNDERSTANDING the CRA15. After thinking i'd learnt a fair bit I added a return to base for repair clause on our invoices last year and it got tested for the first proper time last week, around the time you posted this. We sell 90% within a 10 mile radius but had one with a gearbox go 5 months after purchase and 80 miles away. Bit of a disagreement between us and Billy but the clause stood up to the test, with Lawgistics on the case for good measure. Well worth having this clause on your paperwork guys. We don't usually apply it to local dramas, were very accommodating, but in this case it's saved us a lot of grief.

[Arfur Dealy 823]

24 minutes ago, grant8064 said:

Thanks for highlighting this Simon. Big Like.

I spent a long time last summer reading and UNDERSTANDING the CRA15. After thinking i'd learnt a fair bit I added a return to base for repair clause on our invoices last year and it got tested for the first proper time last week, around the time you posted this. We sell 90% within a 10 mile radius but had one with a gearbox go 5 months after purchase and 80 miles away. Bit of a disagreement between us and Billy but the clause stood up to the test, with Lawgistics on the case for good measure. Well worth having this clause on your paperwork guys. We don't usually apply it to local dramas, were very accommodating, but in this case it's saved us a lot of grief.

Thanks   the thing is, you only every need this if you get an unreasonable customer, none of us want the grief because its simply not worth the battle. But, sometimes you have to stand your ground. You learn to protect your interest, do the job right and cover your ass. I appreciate your appreciativeness Grant ... 

[Dave2302 387]

Back in the 90's I added RTB to my "Warranty" Invoice Clauses when I recovered a Chevy day van from the South of France because we had recently rebuilt the Trans in the old bus, and it seemed to be "the right thing to do" ....................

When it arrived at ours I was told by the Recovery Driver what the owner / driver / wanker had omitted to tell me ....................

The guy was towing a huge Power Boat, (well overweight for that Van) plus the Van and Boat was loaded to the gunnels with family, suit-cases and various waterskiing and paragliding kit

Didn't earn fuck all outta that job

Never again !!  

[Mark101 536]

My T&C's, in case anyone is interested.

By signing this document, the Buyer agrees to the following Terms & Conditions

I have been provided with a Warranty by the Seller and understand the General Terms and Conditions, limitations and claims process explained to me by the Seller and as detailed in the separate Warranty handbook.

I understand that it is my responsibility to ensure that routine maintenance and periodic vehicle checks are performed in accordance to manufacturer's guidelines.

I understand that it is my responsibility to ensure that I have made provision for adequate vehicle recovery, breakdown and loan vehicle cover and I further understand that these items are specifically excluded from any Warranty offered by the Seller.

I understand that any remedial works resulting from a claim for vehicle failure under the Warranty offered by the Seller is on a Return to Base basis, unless specifically agreed in writing by the Seller prior to said works being performed.

I confirm that my part exchange vehicle is owned solely and entirely by me and that it is free of any outstanding or pending finance or any outstanding or pending insurance claims.

I understand that the Seller accepts no responsibility for consequential losses or costs.

[It's me 615]

40 minutes ago, Mark101 said:

My T&C's, in case anyone is interested.

By signing this document, the Buyer agrees to the following Terms & Conditions

I have been provided with a Warranty by the Seller and understand the General Terms and Conditions, limitations and claims process explained to me by the Seller and as detailed in the separate Warranty handbook.

I understand that it is my responsibility to ensure that routine maintenance and periodic vehicle checks are performed in accordance to manufacturer's guidelines.

I understand that it is my responsibility to ensure that I have made provision for adequate vehicle recovery, breakdown and loan vehicle cover and I further understand that these items are specifically excluded from any Warranty offered by the Seller.

I understand that any remedial works resulting from a claim for vehicle failure under the Warranty offered by the Seller is on a Return to Base basis, unless specifically agreed in writing by the Seller prior to said works being performed.

I confirm that my part exchange vehicle is owned solely and entirely by me and that it is free of any outstanding or pending finance or any outstanding or pending insurance claims.

I understand that the Seller accepts no responsibility for consequential losses or costs.

i would strongly recommend you also add

this does not effect your statutory rights

mine does 

[Mark101 536]

52 minutes ago, jason doyle motor sales said:

i would strongly recommend you also add

this does not effect your statutory rights

mine does 

Thanks, well spotted

[Area 51 33]

Can/should this information be moved into the secret bunker?

[Mark101 536]

1 minute ago, Area 51 said:

Can/should this information be moved into the secret bunker?

I thought that but I am quite happy that my T&C's are fair and transparent.

[Dave2302 387]

+1