I've rejected the toaster and it's been back with the trader for 3 months. They have stonewalled me since asking them to tell me what the additional fault with the toaster was which was discovered at the inspection stage, they've offered me £7k by way of refund and I have to take that or take them to court. So this company have had my money since March plus the "toaster" since June. I am facing financial hardship as a result. Among the many problems it had was a serious parts fault and it was using more energy that it should in order to toast properly. The trader has already had a LBA but I was assured by CC company that it was a straightforward refund so held fire on that. Complaint has gone to FOS now.

citizenkain - Tell me about it! Surfer01 it was a consumer purchase. I've found this impact assessment from BIS which I believe relates to my problem. Under the current law the consumer may seek to exit a contract due to goods being faulty. In these cases the retailer has the right to reduce the amount reimbursed, in line with the amount of use that the consumer has had of the good prior to the fault occurring. However, there is no guidance on how the reduction may be calculated and so there is a risk of inconsistency and the potential for costly disputes. The business, rather than the consumer, is also in total control of calculating this deduction, leaving the possibility of disproportionately large deductions for use. If we are referring to the part where it says prior to the fault occurring this would total about 5 minutes of ownership. The deduction that the retailer is trying to make for faulty goods is disproportionately large. So what are my options now? Do I go to court? I've been back in contact with the CC people and they've not rejected the claim as it appears, they've passed it on to another department. I've tried calling this department but they refuse to put me through to them, it's a joke!

Helpful response. Edited OP though maybe my toaster reference may not make sense now I see this has been moved. I was hoping someone with general consumer rights knowledge may be able to help which is why it was posted elsewhere. If anyone can help I would be grateful.

I posted a different thread previously (I am starting a new one for fear of being spied upon). Long story short. I bought a "toaster". It was faulty. I reported it was faulty to the shop I bought it from immediately after purchasing it. They authorised me to take it to another shop to get it fixed. The other shop fixed it but more faults manifested themselves. I tried to get these new faults fixed but I couldn't. After 6 weeks of repeatedly trying to get the toaster fixed I rejected it under the sale of goods act, took the faulty toaster back to the shop I bought it from and asked for my money back. I paid £8000 for the toaster, the shop offered me £6500 by way of refund due to the pieces of bread I'd been cooking in it since I had it. I thought that was an unfair to deduct me £1500 for my brief and fault riddled ownership. I had no option but to use the toaster because I had to "eat" or get it to the shop for repair. The shop later upped their offer to £7000. I still thought this unfair. I sent a Section 75 claim off to my credit card provider at the same time I rejected the toaster. I've just heard back from them 4 months later and they are not willing to give me my money back because the shop has offered a refund. The toaster was faulty, the shop I bought the toaster from admitted that the toaster was faulty. I have repeatedly asked the the shop (and now CC company due to them being jointly and severally liable for the faults with the toaster) what they are basing the refund figure on and why they think it fair to deduct £1000 from the purchase price but they've refused to respond to this question. Does anyone know if they can just pick any figure they like and deduct it from the purchase price? Does anyone know if there is a point of law upon which deductions from refunds is based?

I'm certain the criteria has been met, well according to the various advisory services I've spoken to it has. Can I advise the DVLA that I have transferred ownership of the vehicle back to the garage now, and am I OK to cancel my insurance on it?

Ok thank you. They said they would bring it back to me if I didn't accept their offer. I don't seem to be able to get through to them that I am asking for a full refund because I have not accepted the goods. They are telling me because I took the key and drove the car away that means I accepted the vehicle.

Ok, I sent a LBA yesterday. Today I had a couple of very heated telephone conversations with the guy from the garage, he got very shouty/ranty, telling me that the £1500 reduction is fair that this is the trade value of the car, that I'm only entitled to a partial refund yadda yadda yadda. I've told him any further contact is to be via email. So now it looks like I will be taking court action. Do I now request that they return the car to me whilst further action is ongoing?

No I haven't to date, but I'm drafting one now. I am quite prepared to follow it through.

They want to buy back the car for £1500 less than I paid for it. They're telling me that this is how much the vehicle has depreciated by in 8 weeks.

Thanks both, that's really helpful. They said they'd call me back today with a settlement figure but they didn't. If I go to small claims court from what date is the 8% interest calculated? I am trying to work out potential costs if I proceed with action which I'm prepared to do if the settlement figure is anywhere near as low as I'm expecting it to be.

Have finally heard from the garage. Since they've had it back the engine management light has come back on with another issue - a new one but I wouldn't be surprised if the issues were all interlinked. They are finally agreeing to refund me but they want to skim some off the top for the time I've had it and the mileage I've done in it (majority of which was taking it to various garages trying to get it fixed!). CAB can't advise me what is a fair amount for them to deduct. If I want any more than their full and final offer then I have to take them to small claims court. Is this correct?

No, it has been returned to the garage. They've had it for almost a week now.

I don't want it back, repaired or otherwise and I haven't given authorisation for any repairs to be carried out. I have asked for a full refund and I've made this very clear to the garage.

Thanks everyone for you help on this. To clarify it was the engine management light that came on. I spoke to the dealer and he told me what he thought it was and that it was safe to drive in the interim as did the manufacturing garage. Anyway, I returned it on Tuesday. He refused to collect it telling me he didn't have the manpower to do so. Had to take a half day so I could do this. He said his business partner would call me that day to explain what would happen next but he didn't call. I haven't heard from them since Tuesday. I believe the car was in for investigation on Wednesday so I would have expected a response by now. I have emailed them today (been doing it all via email so it's in writing) but I am at a loss at what to do now. How much longer do I have to wait?

I said the engine light came on but why assume it's down to oil loss or a blown engine? It wasn't, and if the engine was blown then I wouldn't have been able to crawl anywhere. I'd rather not go into detail about the problems (there is more than one and none to do with wiring) because they are quite specific mechanical issues and if I did either of the garages could ID me.