Q&As

Are there any guidelines for the calculation of the deduction to take account of the use that the consumer has had of the rejected goods, as provided for under section 24(8) of Consumer Rights Act 2015?

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Published on LexisPSL on 04/07/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Are there any guidelines for the calculation of the deduction to take account of the use that the consumer has had of the rejected goods, as provided for under section 24(8) of Consumer Rights Act 2015?
  • Legislation
  • Guidance
  • Further information

Legislation

The Consumer Rights Act 2015 (CRA 2015) provides: 'If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).'

Further, 'No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless… the goods consist of a motor vehicle'.

Guidance

The Business Companion, run by the Chartered Trading Standards Institute, provide guidance on deductions.

The guide on the sale and supply of goods states: 'If the consumer rejects the goods, then he is entitled to a refund. This refund may be reduced to take account of any use the consumer has had from the goods. However, no deduction can be made for the consumer having the goods simply because the trader has delayed in collecting them. Nor can a deduction be made where goods are rejected within six months of supply

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