Author: Roxanne Bradley
Published: March 22, 2019
Reading time: 1 minute
This article is 7 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
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.
