Consumer Rights 2015 (U.K.): Faulty vehicle &amp; Trader avoids responsibility and cannot reach him I have been sold a faulty vehicle by a second-hand car dealer. The place is in the United Kingdom. According to the Consumer Rights Act 2015 I can claim a full refund if I request it under 30 days. But then I didn't do that cause of my ignorance, I did though notify him about the issue in less than thirty days. Long story short, I am chasing him to fix the car now, but he is always difficult to catch, I have been chasing him for a couple of months now. I once sent a letter with a deadline, then I reached to him online and he said that he did not receive it. I used the address on the gov.uk page where his business is registered. It was recorded and someone signed for him. I have two questions. Firstly, according to Consumer Rights 2015, is there a deadline from when the issue is raised to the trader to then taking action to fix it, or is it based on what deadline I set on my letter? Secondly, if I do send a letter, for instance, notifies him for court, to which address should I send it to? His official one in gov.uk, where he claims he didn't notice or his yard? What is the legal sound thing to do, for then the judge to tell me that he wasn't notified (Is that a thing)?
According to Consumer Rights 2015, is there a deadline from when the issue is raised to the trader to then taking action to fix it, or is it based on what deadline I set on my letter? The &quot;deadline&quot; is one that is reasonable in the circumstances. See s.23 of the Act: [...] (2) If the consumer requires the trader to repair or replace the goods, the trader must— (a) do so within a reasonable time and without significant inconvenience to the consumer, and (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage). [...] (5) Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of— (a) the nature of the goods, and (b) the purpose for which the goods were acquired. [...] If I do send a letter, for instance, notifies him for court, to which address should I send it to? His official one in gov.uk, where he claims he didn't notice or his yard? The Civil Procedure Rules Pre-Action Protocols do not dictate where such a letter (referred to a letter before claim and described here and here) must be served but the usual requirement is to an address at which the potential defendant resides or carries on business within the UK. See Rule 6.8(a) for example.
When a platform has the right to kick you out as they deem fit, without any evidence why they did it, does that change if you have a paid? It depends on the purpose of payment and the terms &amp; conditions it triggers. Your description reflects that payment entitles the user to have no ads &quot;and stuff&quot; (?). Payment does not necessarily entitle the user to continued access, diligence from customer service, or other features. Without fully knowing the platform's terms &amp; conditions regarding payment it is impossible to identify what obligations (other than not displaying advertisements) your payment creates on the platform. The information you provide here is insufficient for assessing whether you have a viable claim such as fraud or breach of contract. On the other hand, the platform's apparent arbitrariness and lack of response might support a finding of unfair or deceptive practices if the platform does not honor or proportionally reimburse your payment. Many jurisdictions have legislation prohibiting practices which are unfair, deceptive, or unconscionable (example: MCL 445.903). Oftentimes statutory law establishes an agency in charge of addressing customers' complaints.
Main Question: Most likely not under Magnuson-Moss or U.C.C.. Question 1: If a charge payable before hand was not set forth in any written warranty, it is most likely not legal to deny remedy to the consumer. However, even if it was, it is possible that it would not meet the federal minimum standards for warranties as, per paragraph (d) a warranty has to provide for remedy without a charge. If there is absolutely no way for you to obtain the information to prove that a remedy is due — for e.g. no third party has legal or technical capacity to diagnose the vehicle — that is likely also a term to be found unconscionable and void, and may be found fraudulent, malicious and/or oppressive which may entitle one to collect punitive damages. (It is worth obtaining written confirmation of whether this decision is made in accord with their policies or on a line that they announce to be recorded) Question 2: Most likely same as Question 1. Question 3: Most likely same as Question 2. According to 15 U.S.C., subsection (a) of Section 2302 entitled &quot;Full and conspicuous disclosure of terms and conditions; additional requirements for contents: &quot;In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. (4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty—at whose expense—and for what period of time.&quot; (5) A statement of what the consumer must do and expenses he must bear. (6) Exceptions and exclusions from the terms of the warranty. (7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty. (12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty. (13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty. It may, in addition to any or all of the above, be a violation of paragraph (8), (9), (10) and/or (11) based on specific fact patterns. To the 2nd point added: If the manufacturer stated that the vehicle would run at least a certain number of miles on a full charge for a certain number of miles driven or number of years, and did not stipulate it otherwise, they would have to remedy this. It is highly likely that they tried to evade making such written statement (if not written, it's not a warranty under Magnuson-Moss). If they did, and they did not define the scope of what they would have to do in the case of a defect or malfunction, they would have to remedy it by repairs within a reasonable time; if they fail, they would have to refund or replace. This does not mean that it is likely worth pursuing the matter in court other than maybe in small claims (See: ohwilleke's reply to this question for a general explanation). Moreover, most auto manufacturers put arbitration provisions in their sale contracts and/or their warranties and generally it may be required of one to opt out of it within 30 days of entering into the agreement. If that took place, first the dispute would likely need to be disputed through a qualified dispute resolution mechanism of the manufacturer, dealer, distributor and/or sellers choice depending on who gave the warranty. The specific State's lemon laws may provide for civil penalties for willful violations which may or may not be a very high bar to meet depending on the State's case law, and which is more likely to make it worth for &quot;lemon&quot; lawyers to take the case, but generally they are not a great deal more like hyenas of this segment of the law. It may still be worth considering for one depending on the specific facts, including State jurisdiction and the impeding nature of the nonconformity. (Please specify a State for the State's lemon laws applicable in this hypo)
Is it a crime for a repo man to accidentally repo the wrong car? Not unless the car was retained after the accidental repossession was discovered, and then, only by the person retaining it (as the repo man may have turned over the car to the creditor whose loan on a similar car is in default). Generally speaking, taking property of another with an intent to permanently deprive the owner of the property of it is a crime only if one knows that the property is the property of another. For example, if two people leave black umbrellas in an entry room and someone accidentally leaves with the wrong one, the taking of the wrong umbrella is not a crime. Whether the repo man's assertion that he accidentally took the wrong car is credible is a question of fact to be determined at trial, if the prosecution doubts him. If he was supposed to repossess a 1936 Ford and he repossessed a 2021 Tesla, the repo man is probably going to lose and be convicted of theft. If he was supposed to repossess a white 2021 Tesla and he repossessed a different white 2021 Tesla in the same neighborhood with a license plate from the same state as the one he was supposed to repossess, he has a very good chance of prevailing. However, once someone learns that they have taken the wrong property, they have a duty to return the property promptly to the owner upon request, and probably, to notify the owner (if the owner can be determined) and the authorities who were informed that a different vehicle was taken, promptly. Otherwise, the originally good faith mistake becomes theft. If the repo man's explanation is convincing, he is not likely to be charged with theft, even though no special law applies. What makes the repo man special is that he did have permission from the secured car loan creditor to repossess it due to the secured car loan debtor's default by the Uniform Commercial Code. If he had taken the right car without a breach of the peace, the Uniform Commercial Code would have absolved him of liability and given him legal permission to do so. If the repo had been of the right car, the creditor would have had a duty to promptly return the personal possession in the car in which it did not have a lien to the rightful owner. This conclusion doesn't change when the repo man accidentally takes the wrong car. While the repo man's mistake was not knowing or intentional, it was probably negligent to repossess the car without carefully confirming the VIN number and license plate to make sure that he was repossessing the correct car. As a result, the car own probably has a claim against both the repo man (whose negligence caused the wrongful repossession) and the creditor (for whom he was acting as an agent to repossess the car) for any damages caused to the owner of the wrongfully repossessed car, including damages to the vehicle and damages from loss of use of the car and possibly damages for emotional distress caused by thinking that his car had been stolen or by missing a non-economic opportunity that he could have had if the car had not been wrongfully taken (e.g. if this caused the car owner to miss the funeral of the car owner's father). The creditor and the repo man probably have insurance policies in place that cover legal defense of such claims and also economic settlements or money judgments entered on that kind of claim.
Being as general as possible - refund policies are governed by bank and scheme policies, and so aren't necessarily the domain of law. There may be jurisdiction-specific regulations that limit your liability as a consumer, but there's not usually a legal requirement. This is almost certainly wholly governed by your credit card terms of use.¹ You can report this to your local authorities, but without proof of a crime, it's unlikely to be actionable. The website isn't necessarily to blame, either - if your computer or your connection to the website was somehow compromised, then your details may have been obtained in that way, and the website could have had nothing to do with it. Again, this is almost certainly wholly governed by their scheme agreement.¹ 1. Some off-topic information here, which may or may not be accurate, and which you should not seek clarification for here (check Money SE instead, and first check whether it is on-topic there) - generally, bank policies will refund you for fraudulent transactions below a certain quantity or value. In this case, the bank tends to take a loss and chargeback rights are not exercised. In other cases, the bank will require the merchant to prove that the authorised cardholder did in fact authorise the transaction. The level of proof is governed by the way in which the transaction was conducted and verified at the time of purchase - whether the CVV2 code was verified, whether address verification was completed, whether 3D verification was completed. If the merchant is unable to prove, according to the scheme guidelines, the transaction will be charged back to their account.
Would I sue seller or manufacturer for a new appliance that does not function correctly? You have viable claims against both seller and manufacturer, and you may sue both of them in the same complaint. Hopefully the tech's assessment that you &quot;should get a new machine&quot; is in writing, since that evidence seems dispositive (i.e., decisive) and immune to manufacturer's potential denial. Regardless of what approach you choose, the award you might be granted is subject to the prohibition of double recovery. It seems that the seller's directions were purposefully dilatory. Coupled with its subsequent pretext about expiration of the 30 day period, seller's conduct is in violation of legislation regarding unfair and misleading practices. Your post does not specify which jurisdiction in the US you have in mind, but consumer protection laws are rather uniform all over the country. If the provision of 30-day return period is reflected in a document such as the invoice, or in seller's signs/advertisements, you also have a claim of breach of contract for seller's failure to abide by the corresponding clause or policy. A similar rationale applies with respect to the manufacturer. The manufacturer is not entitled to arbitrarily postpone compliance as to the warranty. Seller's 30-day deadline serves as comparison in your argument that the manufacturer's open-ended schedule is excessive, a schedule which is on top of the delay from the interactions with both techs. if I win, what do I do with the dishwasher? Wait for the party who reimburses you or replaces the dishwasher to determine whether it opts to take the defective dishwasher. That party is responsible for transportation costs and related expenses if it decides to pick up the appliance. If the party is not interested in retrieving the defective appliance, make sure it signs a waiver. Otherwise you would be at risk that that party maliciously tries to turn the tables by alleging that you unlawfully got a second dishwasher for free.
Such a right would only exist if the legislature has created it by some act. Insurance is excluded under the class of covered contracts under The Consumer Protection (Distance Selling) Regulations 2000 (see schedule 2), and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The only restriction on automatical renewal clauses under Consumer Rights Act 2015 is that the deadline for objecting to renewal cannot be unreasonably early (schedule 2, unfair terms); and in general, the terms may not be vague. Since there is no law restricting a contract from requiring written notice, or telephone notice, or whatever they demand, then it comes down to what the contract says. If it says &quot;you must call&quot;, then you must call.
They are separate warranties. The store doesn’t have to do anything about the manufacturer’s warranty and vice versa. It is of course good service if the store takes care of things for you, but that isn’t legally required. I expect that you don’t need a receipt but proof of purchase. A bank statement or credit card statement should do. My bank (in the U.K.) can provide statements 10 years back online.