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.
Car Dealer Magazine Expo 2015
We just wanted to say a big thank to everyone who came to the Car Dealer
Magazine Expo on 09 June 2015. It was great to meet so many of you,
both old and new faces.
What is ‘Astroturfing’ and how might it affect me?
Research has found that some businesses are ambushing rivals with fake
reviews and customers are using the threat of online criticism to win
discounts. Known as ‘astroturfing’, this is the practice of creating fake grass root reviews on unnamed sites.
Halfords pleaded guilty to 8 offences and ordered to pay a hefty £32,000
We often hear of consumers taking their newly purchased vehicles to
Halfords for one of their comprehensive safety checks, or a premium
service, then returning the car to our clients with a ‘wish list’ of
things they want replacing or repairing, regardless of whether they were
wear and tear items or not, the list often being based on advice from
Test Drives and the abolishment of the paper counterpart
How do I satisfy myself and my trade insurers as to the extent of a customer’s motoring convictions before agreeing to supply a vehicle for a test drive?
Court cases and cambelts
It could be tricky if you sell a car which is overdue a cam
belt change, you could arguably be found liable for any damage from it
failing, especially if you have advertised the vehicle as having a full
service history or if you claim to have serviced the vehicle ready for
Good preparation is key to winning in court
As soon as a customer issues a court claim against you, you should seek
legal advice. Cases can be won or lost on how well the case is presented
and it is important to have a plan from the start. We regularly help
our members assess the merits of the case against them and will advise
on best and worst case scenarios.
Bang goes the theory!
If you provide excellent customer service above and beyond your legal
obligations then you will probably have a very successful business,
however, should you really need to provide a ‘Gold Standard’ customer
service to have a successful business?
Stand by your desks
Little things that could help to avoid employee long term sickness in the workplace.
Disciplinary Meetings – Dos and Don’ts!
Dealing with disciplinary matters can often be daunting and difficult
for managers and business owners to deal with, which often ends up in
mistakes being made. We therefore strongly urge clients to ensure that their managers, or
whomever is handling a disciplinary is fully aware of what the process
entails, what the purpose of the process is, and what legally could
derail the process.
Watching the Watchdog
Reviews, scams and the Car Dealer Watchdog. It seems that the review site Car Dealer Watchdog is still causing problems for some dealers.
Section 75 refunds
If a customer uses their credit card to make a payment towards a vehicle
priced between £100 and £30,000, they have the legal right to approach
their credit card company with a complaint about that vehicle
Eligibility to Statutory Sick Pay?
We’ve recently had enquiries in regards to Statutory Sick Pay (SSP). As
you will be aware, smaller employers were able to claim SSP from the
Government. However this was abolished in April 2014. For a limited
period you may be able to recover SSP for previous tax years.
Can you foresee stress in the workplace?
In a recent Employment Tribunal decision, it was discussed whether an
employer could be liable for a psychiatric illness caused purely by the
stress placed on staff in the course of their employment.
Newsflash – Zero hour contracts exclusivity ban
It has been announced in the news this morning that the ban on
exclusivity clauses in zero hours contracts, has finally come into
Beware of the cookie monster!
Cookies have been around since 1995. They are simply a piece of
information in the form of a very small text file that is placed on the
website users hard drive.
List of the fees that High Court Enforcement Officers (HCEOs or bailiffs
in the old terminology) can legitimately charge when collecting a debt.
Enforcement of a County Court Judgment (CCJ)
Our clients can find themselves on both sides of the County Court
Judgment (CCJ) enforcement rules. They may have been to court as the
Claimant, perhaps taking action against a supplier who sold them faulty
goods, or as the Defendant in a case that a customer has bought
regarding a vehicle.
It has been announced that Honda and Daihatsu are recalling some five million cars globally to replace potentially deadly airbag inflators made by Takata.
Visit us at the CDX15 - Stand S239
On June 9th car dealers across the UK will descend on Silverstone to showcase the best and the brightest within the automotive industry and to highlight and discuss major issues that affect the trade.
Timescales and Costs - What is seen as reasonable?
When selling vehicles, it is inevitable that every so often an issue
with a vehicle will occur shortly after your client has taken ownership
of that vehicle.
Promising (or expecting!) the world?
Here at Lawgistics we feel quite sorry for the Audi Garage in Watford
that was recently presented with a restaurant bill for £714.61.
Be on the ball – it may cost you
This month we have had some unfortunate legal queries due to unfortunate
clerical errors that clients have found to have been costly!