Consumer Rights Wrongs

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Faults must be present at the point of sale AND render the vehicle not satisfactory quality and/or fit for purpose.

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This legislation appears to be used by anyone who simply wants free use of a car for 30 days and then seek to demand their money back because of so called “faults”.

It must be remembered that such “faults” must be present at the point of sale AND render the vehicle not satisfactory quality and/or fit for purpose.

These top 3 “reasons” for attempted rejection under the Act all crossed the writer’s desk in the just the last week. We rejected their reasons for rejection!

a.    The parcel shelf has a clip missing.
b.    The cup holder does not work.
c.    The FM button on the radio is not working.

Sadly, it is those people who should know better who say “if ANYTHING goes wrong within the first 30 days…” that give over expectation to consumers.

It is “advice” like that which is not of satisfactory quality…

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A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

The customer isn’t always right…

As it was a defect he knew about, he cannot now claim it renders the vehicle not fit for purpose or not of satisfactory quality.

Implications, assumptions, and confusion – why being clear on your actions could be key to winning

The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

On your Marks… Get Set… Doh!

The TSO told our member that the consumer ought not to have experienced a failure given the age and mileage of the car.

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