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.
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!
New Fight against Parking Fines:
New website that has been launched to assist people in the ongoing fight against unfair parking fines.
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.
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?
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.
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
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
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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?
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