Legal Updates

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I'm bringing the car back because...Your stories

Further to our request for the weird, the wonderful and the downright ridiculous reasons that consumers have wanted to return their cars here are the top five for this week.
Published: 15 Sep 2015

Watching the clock??

We constantly deal with problems involving ‘clocked’ vehicles and their sale. A vehicle may be bought and sold many times without anyone involved being aware the vehicle has been clocked even if you have carried out all the relevant checks with due diligence, and this can cause you the dealer all sorts of problems!
Published: 15 Sep 2015

New Fight against Parking Fines:

New website that has been launched to assist people in the ongoing fight against unfair parking fines.
Published: 15 Sep 2015

Consumer Rights Act 2015 - Rejects and refunds

We have had some queries recently on how quickly a refund will have to be given if a consumer rejects the vehicle within the first 30 days of ownership when the new Consumer Rights Act comes into force.
Published: 15 Sep 2015

Is your selling going the distance?

As you probably are aware, the Long distance selling regulations were incorporated into The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which apply to any sale that is conducted online, at a distance or away from a traders premises, so what effect does this have on you as a trader?
Published: 15 Sep 2015

Fit for work?

From the 8th September the new Government scheme ‘Fit for Work’ is now in force nationwide, and therefore available to all employees and employers. The service has been set up to help working people who have been, or are likely to be, off work for four weeks or more.
Published: 15 Sep 2015

Bangers for BEN2015 - THE COURT IS IN SESSION…

Myself and Joel have chosen our chariot for the forthcoming charity road trip across Europe. Thankyou for all the kind offers we received from dealers up and down the country for cars. We have decided to take a much loved and much battered ‘51’ plate Golf GTi. 140 000 genuine miles on the clock and years of faithful service to its owner. Bangers for BEN is a fitting way to say goodbye to this trusty servant
Published: 03 Sep 2015

I’m bringing the car back because…

As we head towards the incoming Consumer Rights Act 2015 and the 30 day ‘short term right to reject’. We thought it would be interesting to find out some of the weirdest, funniest and just downright craziest reasons that customers have given for attempting to return a vehicle after
Published: 03 Sep 2015

Holiday Pay – Carrying over entitlement to the next year

If an employee is on long term sick, they are entitled to carry any untaken holiday, whether they were able to take it or not, for a period of 18 months.
Published: 03 Sep 2015

Increase in Minimum Wage – what does the next 12 months hold?

It has been announced that minimum wage is set to increase again this October, be ahead of the game.
Published: 03 Sep 2015

Consumer Rights Act 2015-Video Evidence

The Consumer Rights Act will all too soon be upon us and with it will arrive a whole new raft of “rights” available to the customer who becomes dissatisfied with their purchase. One of the more onerous clauses in the Act will be the full right to reject the goods within the first 30 days for ANY fault, not just a serious fault.


Published: 03 Sep 2015

Are you breaching the new rules for FCA Regulated firms?

January and July this year saw two new rules to which any dealer who has a credit licence will need to adhere.
Published: 03 Sep 2015

Refunds under the Consumer Rights Act 2015 - deductions for use by customer

Under the short term right to reject, even if the customer has had the vehicle for 29 days of the 30 day period, they appear to be entitled to a full refund.

Published: 03 Sep 2015

Repairs it’s all about consent…

Here at Lawgistics we regularly have discussions with traders who casually say “It’s being repaired as we speak” Our reply is always “Do you have authorisation to repair?” Repairs should only be started when permission is given by the consumer.

Published: 18 Aug 2015

Dartford Crossing News!

We have had a number of cases recently with people experiencing issues with the changes in the Dartford Crossing (“Dart Charge”) charges. This piece of news will especially apply to those of you operating in this area or those of you who are delivering vehicles.
Published: 18 Aug 2015

Disability – Type 1 or Type 2?

The Employment Appeal Tribunal recently had to consider the issue is diabetes is a disability? For a condition to be classed as a disability, the condition must have a substantial and long term effect on day to day activities.
Published: 18 Aug 2015

Replacement engines – beware of easy rejection claims!

We’ve recently had a number of cases involving replacement engines on vehicles. If the work is being carried out by yourselves or you are paying for the work it is essential to remember to update the DVLA regarding the changes.
Published: 18 Aug 2015

County Court Judgments (CCJs)

Figures released on 6 Augusts 2015 by The Registry Trust show a fall in the number of CCJs recorded against businesses.
Published: 18 Aug 2015

The short-term right to reject under the Consumer Rights Act 2015

Who is responsible for returning or collecting a vehicle that has been rejected within the 30 day short-term right to reject period. You the dealer, or the customer?

Published: 18 Aug 2015

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!
Published: 13 Aug 2015

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.
Published: 05 Aug 2015

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?
Published: 05 Aug 2015

Agency workers

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.
Published: 05 Aug 2015

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.
Published: 04 Aug 2015

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 give
Published: 04 Aug 2015

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