Court reduces consumer claim of £10,000 to just £230...
Our client, a car dealer, recently faced a claim for damages for amongst other things, car hire charges, the cost of a replacement gearbox, loss of earnings, the cost of a replacement warranty, interest and costs amounting to almost £10,000. However after hearing the case the Court reduced the consumer claim of £10,000 to just £230!
Warning: HMRC to investigate Company Car and Courtesy Car Taxation and Employee use of Demonstrator vehicles
It has been brought to light this week that HMRC will be launching an
investigation to ensure that employees are paying the correct amout of
Benefit in Kind tax (BiC) on company cars that they use.
Employees and Alcohol
A recent Employment Tribunal case brought about an interesting decision
regarding employees and alcohol, what can an employer do if an employee
arrives at work smelling of alcohol? How far can employers,
realistically go in terms of controlling an employee’s social habits,
when alcohol is concerned?
It’s now normal practice for companies to use agencies for workers from
time to time, this is generally to cover the peak or holiday seasons.
Whilst it is seen as temporary staff, it is important to remember that
the workers are directly under your supervision and you still have
responsibilities for their safety.
When a sheriff arrives
A popular TV show “The Sheriffs are Coming” on BBC1 (other shows and
channels are available) recently featured a consumer enforcing costs
owed for a rejection of a vehicle.
New rules mean a customer can reject a car within the first 30 days after purchase
If a consumer complains of a fault with the vehicle in the first 30
days, they will be entitled to bring it back to you for a refund.
They can ask for a repair but they are not obliged to accept a repair
and can simply insist on a refund which you will be legally obliged to
New Industry Podcast - Download TODAY!
Car Dealer Podcast is a new free to listen show aimed wholly at the motortrade
Hand held grinders, a Health and Safety perspective
Hand held grinders are used in many garages and bodyshops, be safe when you or staff members are using them.
Autotrader auto fill mishaps!
Following on from our last legal update about the Autotrader website and the issues with the auto fill function, we are still hearing about problems with the system.
Worn out? Tread carefully
Be careful when selling vehicles which have part worn tyres, make sure they adhere to all legal requirements.
Range Rover Recall
Do you have on your forecourt, or have you sold any 2013/16 Range Rovers?
Hashtag hijacking on #Twitter - Is it right?
Many businesses these days will have a social media presence online;
include, among others, a twitter account. However, companies may not be
aware of a recent trend which has begun, called ‘Hashtag Hijacking’,
which could be an issue for your business.
Revving up for October
October 2015 brings the implementation of the Consumer Rights Act 2015
which will become the main piece of legislation on which consumers will
be relying when buying a car.
The new Alternative Dispute Resolutions (ADR) Rules – date change
The new rules on ADR were due to come in on 9 July 2015 in accordance
with the Alternative Dispute Resolution for Consumer Disputes
Regulations 2015. However, those Regulations were recently amended and
the implementation of the new Rules, in terms of business information
requirements, has been pushed back to October.
Lawgistics Execs seek old banger to ride round Europe
Lawgistics are proud to announce that we will be taking part in this
years BANGERS FOR BEN. We shall be packing up our gowns and wigs and
heading for the continent. They tell us it's not a race....
We'll see about that.
Changes to Holiday Pay
There have been further changes to the law in relation to holiday pay, employees are now being limited to backdating any claims for holiday pay, to no more than 2 years.
Can civil proceedings be served upon a defendant’s last known address?
Civil proceedings can be served upon a claimants last known address.
Why has the County Court asked me to pay two fees
Why has the County Court asked me to pay two fees for an application to set aside judgment and a stay of enforcement?
In and around Bedfordshire, owners have been waking to find their Vauxhalls dismantled overnight! Bedfordshire
Police say there have been more 500 offences in which components have
been stolen from Vauxhall Astras and Corsas since August 2013.
Selling on the highway – Where do you stand?
A Wirral dealership has recently been fined £1500.00 for selling a
vehicle on the public highway. The council pursued the dealer, for
continually placing vehicles on the road outside their premises, with
clear advertisements on them denoting that they were for sale.
Office banter becomes harassment
In a workplace it’s common for colleagues to have conversation, play
practical jokes or have “banter” but there is a fine line as to when
this may be seen as harassment.
Dealer Portal – a case of misdescription?
Although boxes of information were completed by our client, the
particular information regarding the number of previous owners was not
displayed. This was despite the fact that it was a mandatory element
that had to be completed in order to submit the advert.
Fight it out in Court??
The Alternative Dispute Resolution Consumer Disputes Regulations 2015
(bit of a mouthful!) makes it (almost) a requirement to attempt to
resolve disputes prior to making a claim against a person or a business.
The legislation comes into force on the 9th July 2015 so in the next few
days. As it is a new piece of legislation it remains to be seen how it
will develop and work in practice, however, we can tell you what your
new legal obligations are now.
Manufacturers warranties......Rusty words? Corroded promises?
Recently we have encountered some unhappy consumers because of a
warranty they have been sold by Mercedes Benz with their new cars.
sell cars with a 30 year anti- corrosion warranty which suggests that
any rust would be covered. Wrong!! Many consumers we have heard about
have had major rust issues within the first few years of owning their
cars. So who's responsible? Mercedes or the supplying dealer?
Team Lawgistics go 'the extra mile' and then some...
'Team Lawgistics' took part in the Huntingdon 10k Charity Run to raise money for SILA, The Sarcoidosis Charity.