Giving a refund but keeping the p/x..?

[Max Branning 149]

If a customer chooses to reject a car but they originally traded in a p/x do you have to give them there old car back or can you keep it assuming you havent already sold it?

So lets say they buy a car at £2995, p/x price was £1000 but you now have the p/x up at £1995

Can you just refund the customer the full £2995 and keep the p/x or do you have to give it to them back if they demand it?

[Rory RSC 596]

You don't have to give them the PX back. If you have invested time into MOT testing the car, servicing the car and buying 4 new tyres and a steering rack etc etc then unless the customer wants to pay for all the jobs done then just refund them the invoice price.

Got a screamer or just hypothetical Max?

[Steve92 80]

I would have thought the sales of goods act would state they are entitled to a refund on the £2995 and providing they get that then I wouldn't have thought they have any right to the px. It would be registered to you In the trade and you effectively purchased it from them for an agreed amount of £1000 so it's now your property. Legally I would think you are covered.

[Max Branning 149]

You don't have to give them the PX back. If you have invested time into MOT testing the car, servicing the car and buying 4 new tyres and a steering rack etc etc then unless the customer wants to pay for all the jobs done then just refund them the invoice price.

Got a screamer or just hypothetical Max?

This situation is just hypothetical but seeing as i take a p/x on nearly every car i sell its got me thinking regarding this new right to reject performance. If they have the right to demand a refund do they also have the right to demand their old car back, assuming its still available..

[Trident 24]

I doubt it, i would consider the sale of the vehicle a seperate transaction to the part x (purchase) of theirs, they can have a full refund less costs incurred and then buy their car from you at forecourt price.  Unless as a 'gesture of goodwill' you give refund for part x at cost, less all expenses - either way they will be out of pocket so highly unlikely to pursue it.  We have introduced a hefty restocking fee if vehicle returned and clearly state to the customer what this is and the also a charge for miles used if they want a refund, so far, we havent had one person raise an eyebrow or question it, and it couldn't be any clearly in bold red writing all over everything and we verbally explain it too.  At the end of the day it is simply a deterrant and would make a would be scammer think twice if they realise they have signed for substantial costs to be incurred.  Can't ever imagine a situation when we would feel compelled to impose the charges, but that would be at our discretion.

[Jack Regan 116]

Do two invoices,  one for the car your selling at a discounted price, the discount will be what you allowed for the P/X,

then do another invoice for buying their car in to stock... No mention about a P/X on either invoice, 

this is what I do , never had a customer question it.

 

[LawJaw 50]

If a customer chooses to reject a car but they originally traded in a p/x do you have to give them there old car back or can you keep it assuming you havent already sold it?

So lets say they buy a car at £2995, p/x price was £1000 but you now have the p/x up at £1995

Can you just refund the customer the full £2995 and keep the p/x or do you have to give it to them back if they demand it?

Hi Max, any refund should be paid in the same manner as given and so technically, the customer should receive a refund of their payment plus their PX. However, this is clearly not going to be practical and the Consumer Rights Act does account for the situation where you cannot return the PX and in that case, the customer is entitled to a refund of any money they have paid plus an amount in damages for the PX.

[Gavin@Rousdon 137]

 

Hi Max, any refund should be paid in the same manner as given and so technically, the customer should receive a refund of their payment plus their PX. However, this is clearly not going to be practical and the Consumer Rights Act does account for the situation where you cannot return the PX and in that case, the customer is entitled to a refund of any money they have paid plus an amount in damages for the PX.

 

So why has nobody pointed out about P/X vehicles when the Consumer Rights Act was getting passed in law. I've no idea of how many car sales transactions involve a P/X but I imagine it would be above 25% so not a uncommon occurrence. The new law should offer clarity but it just serves up more issues. 

What if we prep a p/x is the customer expected to pay for the enhancements? Or does the law expect us to leave the p/x sat in a corner for X number of days? 

 

Saying this it maybe a pleasure refunding a customer and giving then there fault ridden p/x back !!!

[Max Branning 149]

 

So just to confirm this. In the above scenario would it be acceptable to just give the customer back 2995 even though their old car is sat on the forecourt. If they demand the old car back do they have any rights at all?

So just to confirm this.

In the above scenario would it be acceptable to just give the customer back 2995 even though their old car is sat on the forecourt. If they demand the old car back do they have any rights at all?

[It's me 615]

 

So just to confirm this.

In the above scenario would it be acceptable to just give the customer back 2995 even though their old car is sat on the forecourt. If they demand the old car back do they have any rights at all?

if you put yourself in the seat of the customer and you were sold a lemon and your p/x was a peach you would want it back and probably go to law to enforce it

me?

i wont touch a p/x car for 2 weeks so i know customer is happy with the car i sold them or as is usual its a scrapper and they definately wont be coming back wanting it

did i mention i always hold onto log books 2 weeks too just in case

strangely just had a letter from dvla as a new owner has sent off new keeper supplement a week after purchase....oh dear they do cause us problems and in the letter from the dvla they want the chassis rubbing with a pencil,well i aint going to his house to do some etchings

[Max Branning 149]

if you put yourself in the seat of the customer and you were sold a lemon and your p/x was a peach you would want it back and probably go to law to enforce it

me?

i wont touch a p/x car for 2 weeks so i know customer is happy with the car i sold them or as is usual its a scrapper and they definately wont be coming back wanting it

did i mention i always hold onto log books 2 weeks too just in case

strangely just had a letter from dvla as a new owner has sent off new keeper supplement a week after purchase....oh dear they do cause us problems and in the letter from the dvla they want the chassis rubbing with a pencil,well i aint going to his house to do some etchings

Yes but this is my point..would they actually have a case?

If the customer comes back after say 3 or 4 days and demands a right to reject then fair enough but would this also mean they would have a legal right to their p,x back if it was sat on the forecourt.