Recovery of a vehicle under the Consumer Rights Act 2015

legal updates

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.

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.

Automotive ComplianceWE TALK YOUR LANGUAGE, WE KNOW YOUR BUSINESS

Need help with keeping on track with FCA Regulation and Compliance? Partner with Automotive Compliance

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Coincidence or Cause? When Timing Leads to Claims

A motorcycle engine seized just 30 miles after a service, sparking a claim of negligence. Find out how this case unfolded in court and why coincidence doesn’t always mean liability.

Elusive Vehicle Noises: What to Do When You Can’t Find the Fault

More customers are reporting strange noises that seem impossible to trace. Learn practical steps to recreate, record, and address these elusive issues while protecting your business.

AI is the future – but treat it with care!

AI can be a powerful ally—but recent cases show its misuse can lead to serious consequences, even contempt of court.

The devil is in the detail

A solid report can make or break your legal case, but even minor mistakes can be costly. Learn what details to double-check in vehicle reports and how to avoid common pitfalls that could undermine your evidence in court.

Major changes to UK Consumer Law have landed

The Digital Markets, Competition and Consumers Act 2024 has introduced sweeping updates to UK consumer law, including powerful new enforcement tools for the CMA.

The power of expert evidence in vehicle disputes

Our member never claimed the 5-year-old, multi-owner car was perfect.

Recent Cases, Real Consequences – and What to Learn

From missed emails to misplaced vehicles, here are a few real-world reminders to help you avoid unnecessary headaches.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.