Drive on damage has emerged to be amongst the more common defences raised by dealers.
Under the new law, pre-sale misrepresentations or the things said and done before the deal’s done, including the description crystallise into contractual conditions at the point of transaction.
Dealers and retailers will have to bear the cost of reviewing their T&Cs along with the training for customer facing staff and of course the financial penalty by way of fines for any transgressions.
If not already in place and in line with other compliance protocols a senior member of staff should be appointed as compliance officer, overseeing training and risk assessments.
Contrary to the words of Del Trotter, “he who dares wins” would be “deny everything”; defendants and “have a go” claimants could end up with a pyrrhic victory.
Amongst the contractual trump cards commonly played in customer disputes is the limitation clause.
The Consumer Rights Act is set to change the way car dealers and retailers sell used cars to the public with a super-charged version of the Sale of Goods Act.
Even if there was an available second hand market, the remedy will in all likelihood be a downward adjustment of the claim rather than extinguishing it completely.
Despite being billed as the biggest change to consumer law for more than a century and with the spotlight on car dealers, why is the impending Consumer Rights Act barely raising an eyebrow?
The deadline for the implementation of the ADR Directive into UK law is July 9, 2015, yet few dealers, if any, have heard of it let alone implemented it.
Working in the automotive industry has long been considered not to be for the faint-hearted.
