Legal Updates

1 | 2 | 3 | 4 | 5 | 6 >

More financial support from Rishi Sunak

Further money has been given to local authorities to distribute and there are grants of up to £9000 for businesses which have had to close.
Published: 06 Jan 2021

What car dealers can and can’t do in the new lockdown across the 4 nations

Find out if Click & Collect and Click & Deliver are options for your pitch.
Published: 06 Jan 2021

Car Dealers - what you currently can and can’t do

Firstly, service and repair garages are OK to stay open in all four nations. However, for car dealers, it’s a real mix and match. 
Published: 21 Dec 2020

14 days return and the V5/extra owner issue

Whichever model dealers have used, there is no getting away from the fact that any sales completed during lockdown were either ‘distance’ (online) or ‘off premises’.
Published: 23 Nov 2020

Scottish Dealers in Level 4 & signing paperwork indoors

While indoor showrooms had to close, “outdoor car lots” were specifically allowed to stay open. 
Published: 23 Nov 2020

Distance selling facts...

Having seen some common questions and incorrect information given out, here is a quick list of distance selling facts.
Published: 12 Nov 2020

Selling vehicles in Lockdown 2 – the current position

The government guidance issued straight after Boris’s lockdown announcement gave car dealers some flexibility while selling vehicles through Lockdown 2. However, when the corresponding draft legislation was released on Wednesday 4 November, it was a different story.
Published: 10 Nov 2020

Update to Click & Collect and Click & Deliver

Any Click & Collect must be for a “pre-ordered” vehicle with no business taking place at the premises
Published: 04 Nov 2020

Distance Sales – Getting the paperwork right

Failure to give the correct paperwork will mean you give the consumer the right to return a vehicle for a refund (for no particular reason – there doesn’t have to be a fault) anytime in the next year. 
Published: 03 Nov 2020

Staying open for business - Who is to say whether a car is essential or not?

In short, our general advice is definitely close your indoor showroom except for access purposes (which can include getting to a service reception or to finalise finance documentation).
Published: 03 Nov 2020

Click & Collect or Click & Deliver – How does it work?

Lots of our dealers were already successfully providing these services through the previous lockdown and this is the updated advice for anyone deciding to offer these options this time around. 
Published: 03 Nov 2020

Green light for accompanied test drives

Since lockdown, customers and dealerships have had to get used to unaccompanied test drives.  
Published: 20 Jul 2020

Who is not entitled to redundancy pay and how is it worked out for staff who have been on furlough?

For those businesses who find themselves in the unfortunate position of making redundancies, we have produced a redundancy pack.
Published: 29 Jun 2020

Dealers need to be vigilant, act diligently and stay alert

Given the understandable emphasis on all things Covid right now, it could be easy to loosen the grip on all the everyday important issues, especially with staff returning after a break which could mean they need refresher training. 
Published: 02 Jun 2020

COVID-19: Click & Collect v Reserve & Collect – how to legitimately avoid the 14 day return policy

Dealers will still need to consider all the retail social distance measures which the Government have set out.
Published: 25 May 2020

COVID-19: A further update to the Furlough scheme including clarification on commission and what Directors can do

On 20 May 2020, the treasury updated the Direction which sets out the legal rules of the furlough scheme.
Published: 23 May 2020

COVID-19: So can car dealers go back to work on the 1st June?

Assuming infection rates do not go up, dealers need to start preparing to open their doors as there is a lot to consider. 
Published: 11 May 2020

COVID-19: Managing annual leave during and after furlough

The Government have advised that employees can carry over their statutory annual leave over into the next year.
Published: 03 May 2020

COVID-19: Required documentation for test drives

Here at Lawgistics we already deal with the problem of dealers having to pay speeding fines which occurred when a customer was out on a test drive. 
Published: 03 May 2020

COVID-19: Click & Collect for car sales

Many dealers have taken the opportunity to start or increase their capacity to take orders over the phone/internet, provide a video walk round of a vehicle and deliver said vehicle to the customer.
Published: 01 May 2020

COVID-19: Just when you thought furlough & commission was all clarified...

Does discretionary mean that an employer doesn’t have to pay commission?
Published: 20 Apr 2020

COVID-19: Commission & Furlough - where are we now?

Now we have the law, the commission scenario still isn’t awfully clear.
Published: 16 Apr 2020

COVID-19: Good news all round for the sales people in our industry!

Employees can now be paid any regular payments which includes past overtime and compulsory commission payments.
Published: 04 Apr 2020

COVID-19: To Furlough or not to Furlough

Everyone is talking about furlough, but what does it mean, who will benefit, is commission included and how will it be paid?
Published: 26 Mar 2020

COVID-19: MOT Centres and Garages can stay open ...but for how long?

The Government are currently saying that MOT Centres and garages can stay open after 30 March but obviously all the advice re social distancing should continue to be followed.
Published: 25 Mar 2020

Moneybarn fined by the FCA

The fine relates to how Moneybarn treated customers who got into arrears and Moneybarn’s general failure to clearly advise customers of the likely financial consequences of failing to keep up with payments. The FCA found that more than 1400 customers were pressured into agreeing unrealistic repayment plans once they fell into arrears. 
Published: 18 Feb 2020

Fines, penalties & cloned vehicles

Cloned vehicles can cause havoc, especially when clients fail to respond to the notices, sometimes in the belief that if it is not their car, no ruling can be made against them. However, once the process is up and running, dealers need to make sure they respond to any notice and quickly. In the case of cloned vehicles, you will need a police reference number and photographs of your vehicle to evidence that the vehicle carrying your plates is not the real vehicle. These cases are a pain and it can be difficult to get the fine discharged on first attempt but if you stick to the deadlines, you will get a chance of an appeal and it is at this appeal stage, that these cases are usually won. 

Published: 17 Feb 2020

£820 out of pocket due to a data breach

However, your staff also have a responsibility to not breach data protection rules. A recently reported case from the motor industry involved an employee of car dealership V12 Sports and Classics Ltd being fined £200 plus a £30 victim surcharge and being ordered to pay £590 towards prosecution costs for emailing herself employee and customer data in August 2017, weeks before resigning. 
Published: 07 Jan 2020

Beware of customers buying multiple cars on one debit card

Customer purchases a vehicle. They pay with one, maybe two debit cards. They collect the car (but more usually ask to have it delivered) and are very happy. They are so happy in fact that they later look to purchase a second car. The previous sale went without issues, there have been no complaints and so you sell the second car. They may come back for a third or more. All is well. Then, out of the blue 3 months later, your bank take all the money for those cars out of your account and so you have no cars, no cash. 

Published: 07 Jan 2020

Senior Managers and Certification Regime (SMCR) from the FCA

By the time you read this, the new Senior Managers and Certification Regime (SMCR) from the FCA will be in place. A few of our dealers will become Core Firms under SMCR but most will be Limited Scope firms.

Published: 09 Dec 2019

Another court win for a Lawgistics client

In a recent case, a customer had asked for his race engine to be repaired. This is specialised work and our client is highly qualified in this field. However, the customer was unhappy with the work which was carried out and entered a court claim against our client.
Published: 28 Oct 2019

The Senior Manager’s Certificate Regime (SMCR)

The FCA bring this latest extension of the Senior Managers and Certification Regime (SMCR) into play on 9 December 2019 any dealerships offering finance will need to be ready.
Published: 28 Oct 2019

Beware of rolling contracts

Here at Lawgistics, clients often ask for help when they are being chased for payments which they don’t believe they owe. Sadly, these cases are not always easy to argue as more often than not, the client has unknowingly signed up to a long term contract with lengthy cancellation periods.

Published: 30 Sep 2019

Like Abba in Waterloo, sometimes we feel like we win when we lose

The customer had, quite frankly, been an arrogant character and was clearly someone who was used to getting their own way. They oscillated between acting as a ‘know it all’ but when it suited, playing the innocent poor consumer who didn’t really understand what was going on – usually when trying to get their own way when a Court Order or expert report was not to their liking.

Published: 19 Aug 2019

GDPR - Showing potential customers the V5

We are starting to see a few complaints about personal data (in this case name and address) in regard to V5s being shown to potential customers.  There doesn’t appear to have been a ruling from the ICO on this but our view is that showing a V5 to a potential buyer is legitimate.

Published: 05 Aug 2019

3 month engine and gearbox warranty

I like to remind dealers about this issue periodically as we still see cases where the words ‘3 month engine and gearbox warranty’ have been scribbled across a sales invoice. 

Firstly, there is no legal requirement to give a warranty to your customers. Consumers will be covered by their statutory rights under the Consumer Rights Act 2015 (CRA). 

Published: 24 Jun 2019

Can a customer change their mind about a repair?

We have had a number of cases go to court recently on this point, and the law is clear. Under the Consumer Rights Act 2015, if a consumer agrees to a repair, they cannot simply change their mind and ask for a refund. This applies both within the 30 Day Right To Reject period and beyond.

Published: 17 May 2019

Be careful what you sign

As a business you have less protection from unfair terms than you would when signing a contract as a consumer. This means that you should never sign anything, without at the very least giving it a good read through.

Published: 17 May 2019

Responsible lenders?

In March, the Financial Conduct  Authority’s (FCA) report into the motor finance sector was published. Their review which commenced in July 2017, was set up to ask questions about whether car dealers were lending in a responsible, fair and transparent manner. The result of the report is that the FCA expects all lenders and brokers to review their processes and amend where necessary.
Published: 01 May 2019

GDPR, consent and your ongoing obligations

This time last year, Lawgistics were very busy trying to re-educate businesses who had been told to rely on consent for marketing. We warned about bad advice which was being given out by ‘experts’ who were advising people to get consent from everyone on their marketing lists.

Published: 04 Apr 2019

A faux pas by the Motor Ombudsman?

In a recent decision which found its way to the Daily Mail, the Motor Ombudsman awarded a consumer £850 because his ‘black leather’ seats were not 100% leather.The consumer purchased a used Mercedes E Class, presumably after looking around and test driving the vehicle, but later made a complaint after reading about another consumer who had his seat leather tested to reveal that it contained polyurethane.

Published: 20 Feb 2019

VAT exemption when exporting new vehicles to the EU

One of our clients sold a high value vehicle on which the customer claimed a £40,000 VAT exemption. The customer introduced a financial intermediary into the equation and they duly set up a deal with a European Finance House and arranged for the vehicle to be exported. Some months later, our client becomes the subject of HMRC enquiries.

Published: 10 Jan 2019

“I hear you’ve been in an accident”

Just where do those annoying cold callers get details about accidents we have had in our cars? For many, the answer will be from Mustafa Kasim who worked for accident repair firm Nationwide Accident Repair Services (NARS).

Published: 29 Nov 2018

'Secondhand car salesman' used as insult

An interesting decision has come out of the Employment Appeal Tribunal in regard to workplace banter.  In this case Evans, a sales representative, put in a claim against his employer Xactly Corporation Limited for discrimination on the grounds of disability, victimisation and harassment after he was dismissed for poor performance. He had tried to negotiate a £78,000 settlement

Published: 14 Nov 2018

Claim companies target PCP and GAP

As predicted, we are now starting to see claim companies pop up to deal with ‘mis-selling’ of PCP and Gap Insurance.
Published: 01 Oct 2018

Happy Birthday Consumer Rights Act

The Consumer Rights Act 2015 is 3 years old this week. In our experience, the CRA has worked quite well for car dealers despite anomalies such as the ‘one repair rule’.  This one repair rule is fine for less complex items but for modern day used cars, it is really not fit for purpose as sometimes we need to complete repairs by process of elimination and sometimes, two things will go wrong in relatively quick succession for no particular reason.
Published: 01 Oct 2018

FCA Regulated firms and the new SMCR

The new rules follow the recommendation by the Parliamentary Commission on Banking Standards (PCBS) that the FCA develop a new accountability system to avoid a repeat of the 2007/8 financial crisis. Essentially it  replaces the approved persons regime and is therefore relevant to all dealers offering finance and puts more accountability on a wider range of people within organisations.

Published: 06 Sep 2018

30 Day Right To Reject Reminder

We have had a few calls of late from dealers who are of the belief that a refund has to be given in the first 30 days if there is a fault. This is not necessarily the case.
Published: 06 Sep 2018

GDPR, DPA it's all about the data

As predicted, we are all still alive and kicking despite some of the horror scaremongering by some quarters in the lead up to GDPR. In all the GDPR headlines, it may have escaped the notice of some that the UK got its own updated Data Protection Act 2018 (DPA), also implemented in May.
Published: 22 Aug 2018

BT falls foul of data protection rules

BT is the latest organisation to fall foul of data protection rules. On 20 June 2018, the ICO fined BT £77,000 under section 55A of the Data Protection Act 1998.
Published: 01 Jul 2018

County Court Judgments (CCJs)

CCJs can cause havoc with your credit record and so your ability to obtain loans. These can be avoided by winning in court but, if you find yourself on the losing end of a claim or having a default judgment issued against you as you failed to respond to a claim, you can still avoid having a CCJ on your credit record.
Published: 01 Jul 2018

GDPR and service history

Finally the noise around GDPR has quietened down and most of us can get back to business safe in the knowledge that we are GDPR compliant. However, we have already seen our first complaint and request for compensation from a customer who has complained that someone saw their personal data on a screen in a dealership. No doubt other speculative letters and claims for compensation will follow.
Published: 14 Jun 2018

GDPR – Legitimate Interest is your friend

We are pleased to note that the ICO have now produced a document which confirms what we at Lawgistics have been saying for many months and that is that legitimate interest is a business friendly ground for processing data.
Published: 02 May 2018

GDPR - Confused about consent

People, and indeed other legal advisors, still seem a bit confused about consent, so here are some bullet points to put right some of the myths out there:
Published: 19 Apr 2018

GDPR – Privacy Notices for Employers

GDPR arrives with us on 25 May 2018. We have already given lots of practical advice for dealing with consumer data but businesses must not forget about employee data.
Published: 19 Apr 2018

GDPR - Do you need to register with the ICO?

These Regulations set out the fee which businesses have to pay to the Information Commissioners Office (ICO) when registering as a Data Controller. You are a Data Controller if you have customers and/or staff as you will be processing personal data. Failure to register and pay the relevant fee is likely to result in a fine of £4350.

Published: 21 Mar 2018

GDPR and telephone calls

I understand I can’t send an email asking people to consent to further marketing emails, as that email itself will be considered as marketing, but can I call these people to get consent?
Published: 21 Feb 2018

I am a sole trader working from home, how do I prepare for GDPR?

As we move closer to the implementation of The General Data Protection Regulations (GDPR) in May this year, we are receiving an avalanche of calls to our legal helpline from anxious members, who have been affected by 'panic stations marketing' campaigns in and around GDPR. We have therefore decided to publish some of the most common questions we receive with our answers. 
Published: 06 Feb 2018

Email marketing when your consent is not up to GDPR standards

We are advising our members on the standard they must achieve if they wish to rely on consent as their lawful basis for utilising personal data for direct marketing purposes. Direct marketing being defined in the current Data Protection Act as “the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals”. 
Published: 06 Feb 2018

GDPR - consent must not be hidden in your terms

If you have collected names and email addresses over the years by putting a box on your sales invoice which requires a customer to tick if they do not want to be on your emailing list, you will almost certainly find this to be a breach of the GDPR. Why? Because the criteria for consent has changed.
Published: 23 Jan 2018

GDPR - you need to undertake an information audit

In just over 4 months, your business will need to be GDPR compliant. No ifs, no buts, no maybes. We await the UK’s own new Data Protection Act 2018 which is still being debated over in the House of Lords. This new Act will consolidate and add to your responsibilities which are already set out in the European GDPR and so whatever the UK Act says, you still need to be GDPR compliant as of 25 May 2018.
Published: 09 Jan 2018

GEM warranties - A cautionary tale

According to Companies House, GEM was set up in February 2015 by Spencer Allen who described himself as the Managing Director. In August 2015, Spencer Allen was joined by Spencer Martin. However, Spencer Martin’s Directorship was relatively short lived and it was terminated in November 2016.
Published: 30 Nov 2017

Start thinking about how you might breach the GDPR

Breaches by individuals can attract not just fines but criminal convictions as we saw recently when a recruitment manager who sent out 26 CVs to an external recruitment agency without consent from the data subjects  was prosecuted at Birmingham magistrates court under Section 55 of the Data Protection Act. He pleaded guilty and picked up a £994 fine (including costs and a victim surcharge).
Published: 15 Nov 2017

More fines from the ICO for data breaches

Hot on the heels of the fine for Honda after they emailed customers asking if they would consent to further marketing messages, the price comparison site Moneysupermarket is issued an £80,000 fine for beaching the same Privacy and Electronic Communications Regulations (PECR).
Published: 02 Nov 2017

Chasing a debt

If you are chasing money owed by a customer, including a sole trader but not a company, you have to follow the new rules before issuing a court claim for the sums owed.
Published: 02 Nov 2017

Banter, alcohol and a bit of wishful thinking does not a contract make.

In short, the two were drinking in a London pub with 3 others who were being courted to become Sports Direct’s new Corporate Brokers. In between the banter re the fortunes of Mr Ashley’s Newcastle United, Mr Ashley apparently told Mr Blue he would pay him £15 million if he could get Sports Direct’s share price up from £4 to £8 per share. It seems Mr Blue went home and told his wife of the deal as around a year later, Mr Blue’s wife sent him a text saying “bingo is our nameo!!!" in relation to the shares hitting the magic £8. However, Mr & Mrs Blue’s payday was not to be and so off to court they went.
Published: 04 Oct 2017

Does the Government owe YOU?

Are you a business waiting for payment of some of the £26.3 billion of the outstanding debt owed to SMEs (small medium enterprises)? As of December 2016, it was reported that UK small and medium sized businesses were owed £26.3 billion in late payments.

Published: 21 Sep 2017

Can I dismiss an employee with a disability?

We often receive calls from clients who are nervous about dismissing an underperforming employee who has a disability. This is understandable as there is substantial legislation which provides specific protection to employees with disabilities.
Published: 05 Sep 2017

PCP excess mileage complaint to the FOS and the importance of due diligence

In this month’s Ombudsman News, the FOS reported on a case whereby a customer complained about the excess mileage charge at the end of her PCP deal.
Published: 05 Sep 2017

GDPR + The Data Protection Bill

The GDPR were put together by the EU. Like all members of the EU, the UK have to implement the GDPR by May 2018. On 7 August 2017, the UK Government confirmed they are now working on a UK version of the GDPR which will have wider powers and will take over from the Data Protection Act.
Published: 09 Aug 2017

Suddenly everyone is talking about the GDPR but what is it?

The General Data Protection Regulations (GDPR) is an EU piece of Law (2016/679) with which all UK businesses will need to comply from May 2018. It sets out how businesses need to deal with the processing of personal data. It’s not totally new as the principles of its predecessor (EU Directive 95/46/EC) were introduced in the UK back in the 90s in the form of the Data Protection Act 1998.
Published: 09 Aug 2017

More Employment Tribunal claims coming your way?

Last month the Supreme Court ruled that the fees payable by disgruntled employees who wanted to make a claim at an Employment Tribunal (ET) were unlawful. Fees of up to £1200 have been payable since 2013 but in a judgment following a case brought by UNISON, these fees are no more.
Published: 09 Aug 2017

Does your customer know who they are dealing with?

If you have set your business up as a Limited Company, doubtless you will know that one of the advantages is not being personally liable for financial losses if things go horribly wrong (unless there is an element of fraud).
Published: 25 Jul 2017

Are you ready for the GDPR?

The GDPR is the General Data Protection Regulation which is an EU piece of law which will essentially enhance your responsibilities in regard to data protection. Regardless of Brexit, this new law will come into place in the UK in May 2018 and now is not too soon to start thinking about how it will affect you and your business. 
Published: 12 Jul 2017

Alternative Dispute Resolution (ADR) - yeh or neh?

We regularly receive calls and emails from dealers who have been told they must participate in ADR. Often the dealers will receive a letter from one of the many ADR providers offering their services for a fee. Understandably dealers are miffed at having to pay a fee to negotiate with a consumer when a) they are car dealers and negotiate for a living and b) by the time mediation is offered, the dealer has already made their position clear to the consumer and so they do not want to waste more time in fruitless discussion.
Published: 26 May 2017

Another court win against a consumer with unrealistic expectations of a used car

One of our clients found themselves dealing with a rather persistent consumer whose list of alleged issues kept on growing. Despite disputing the issues, the client took a commercial decision to offer a refund just to draw a line under the matter as it was clear this was a consumer who was not going to go away. However, the consumer did not want to return their lovely 10 year old convertible BMW, they wanted money and so many backs and forths later, they issued a claim against our client for over £7200 – £700 more than the sale price.
Published: 26 May 2017

Is PCP the new PPI

For 10 years now, PCP has been the most utilised form of car finance by value. This has been good news for new car sales but financial regulators are now getting jittery about the entire thing as they also are about the numerous long term 0% credit card deals which just keep on coming.  The fear of course is that people are borrowing beyond their means as credit seems to be back in the pre 2008 ‘easy to get’ territory, and we all know where that and sub-prime lending landed the economy.
Published: 26 May 2017

Post brexit legislation changes

For many years now, the UK has been subject to EU law about all manner of things including the notorious bendy bananas. How will 'Brexit' affect you and your business when it comes consumer issues.
Published: 20 Apr 2017

New rules for those chasing bad debts

For many types of court cases, there are certain actions which have to take place before a claim can be issued. These actions are set out in the pre action protocols which can be found in the Civil Procedure Rules (CPR).
Published: 19 Apr 2017

Part 2 in the case of the dealer who bought a car which was not HPI finance clear

Last year we reported on a case where our client was taken to court by a finance company. Our client had bought a car from a consumer and then sold it on without realising there was outstanding HP:
Published: 09 Mar 2017

Section 75 slip up by consumer, his solicitors, Santander and their solicitors

One of our clients found themselves on the end of a claim about a faulty vehicle. The consumer claimed to have paid on a credit card and so added Santander, as the card issuer, as well as our client on the claim form. In turn, Santander put in their own claim against our client under the provisions of Section 75 (2).
Published: 09 Mar 2017

PPI Complaints - the end is not so near

At long last we have been given a date for the cut-off point of PPI claims. However, the date is August 2019. Yes 2019.
Published: 09 Mar 2017

A New Year, a new court victory for a Lawgistics dealer

This was a case in which the consumer had issues with his vehicle. Our dealer had helped the consumer out on a goodwill basis earlier in the ownership but the consumer had returned as the warranty company had deemed the latest issue as one of wear and tear. As an issue of wear and tear, our dealer had no obligation either but still made a goodwill gesture in the name of customer service.
Published: 26 Jan 2017

Speeding fines and test drives

We have had a number of clients who have found themselves on the wrong side of speeding tickets and the like following a test drive by a customer and/or a test run by one of their own staff. 

Published: 12 Jan 2017

The myth of the 3 month engine and gearbox warranty

We still see and hear evidence from across the industry that some dealers believe that they have to give a 3 month warranty when they sell a vehicle. To be clear, they don’t.
Published: 08 Dec 2016

Cookies reminder

For anyone using cookies on their website.
Published: 24 Nov 2016

Update on the new online court

Plans are still progressing for the new online court system which the Ministry of Justice hope to be up and running by 2020. The court will deal with cases up to £25,000 on much the same principles as the small claims court
Published: 24 Nov 2016

Business Rates 'Scams'

A number of our dealers have sent us correspondence from a company offering to get their business rates reduced. While there are cases whereby valuations are wrong and can be reduced, it is not unheard of for this to be a scam as previously reported by us and Trading Standards.
Published: 11 Nov 2016

Online Dispute Resolution - ODR

In short, most traders with a website will need to include a link to the European Online Dispute Resolution scheme which came into being along with the ADR rules and Regulations. It is designed for EU cross border consumer complaints but can be used by consumers for internal complaints.
Published: 10 Nov 2016

Correction to previous advice from Trading Standards

Further to our story last week we are pleased to note this week that Buckinghamshire & Surrey Trading Standards have sent out a letter to correct the mis-information they sent out to traders last week.
Published: 28 Oct 2016

Website design and copyright

For anyone considering getting a new or revamped website, you must consider issues of copyright and access to the website’s source code before signing any contract with a designer. If you fail to do this, the design will be owned by your chosen designer (unless they are an employee) in their role as its creator and this could cause all sort of problems further down the line.
Published: 28 Oct 2016

Incorrect advice on ADR from Trading Standards

We have had calls from a number of our dealers who have received a letter from Buckinghamshire & Surrey Trading Standards who are clearly on a car dealer initiative at the moment (letters dated 14 October 2016). The letter appears to be generic and sent to many dealers and so you wont necessarily get a visit.
Published: 18 Oct 2016

Happy 1st Birthday to the Consumer Rights Act Part 1

It is now just over a year since the Consumer Rights Act 2015 (CRA) was introduced. There was much publicity around its introduction and quite rightly so given it had been nearly 40 years since it predecessor, the much quoted Sale of Goods Act 1979, became law. 

Published: 13 Oct 2016

Happy 1st Birthday to the Consumer Rights Act Part 2

Whilst we at Lawgistics have been successful in helping dealers fight off consumers with unreasonable expectations since the introduction of the Consumer Rights Act 2015, we are still seeing a number of cases whereby finance companies are rolling over to consumer demands in the expectation that our dealers will reimburse them.
Published: 13 Oct 2016

Another win for a Lawgistics client (and common sense) in court

The consumer ignored our advice, paid out an extra £355 for the hearing fee and then promptly lost the case. Needless to say our client was very happy with the outcome as were we as it is further proof that common sense and proportionality can and do win over unrealistic consumer demands and expectations.  
Published: 31 Aug 2016

Sometimes, even the Financial Ombudsman rules against the consumer

We had a case a while back whereby a customer complained that our dealer had put their and their son’s life in danger by selling a BMW with run flat tyres. They took issue with the fact that the vehicle was not advertised as having run flats – essentially claiming the vehicle was not as described.
Published: 16 Aug 2016

What will Brexit mean for me as an employer?

As debates around Brexit continue, a number of our clients are asking if there will be changes to employment law which could affect their business. The current answer is probably.
Published: 04 Aug 2016

Court wins sometimes come down to a technicality or two

Our dealer purchased the vehicle from a customer who said the vehicle was clear of finance. Our dealer did run an HPI check but, in error, not one which documented outstanding finance. The vehicle was sold on to a customer but some weeks later our dealer was contacted by a finance company who advised that the vehicle was still on finance and thus was still owned by them. This of course means the original seller did not have the right to sell it to us and so in turn our dealer had no right to sell it to the new customer.
Published: 08 Jun 2016

Another happy dealer after a court win against a consumer

In this matter, the consumer bought a 10 year old BMW 1 series. It had just over 70,000 miles on the clock and he paid £5.5k. The vehicle was purchased pre October 2015 and so the relevant law was the Sale of Goods Act 1979 and not the Consumer Rights Act 2015.
Published: 13 Apr 2016

Terms and Conditions in a Business to Consumer car sale

We get a lot of requests for us to review terms and conditions from dealers selling cars to the public. However, unlike business to business transactions - such as agreements with finance companies, terms and conditions in consumer transactions are not really something to overly concern yourselves with.
Published: 13 Apr 2016

More Front than a Pirelli Calendar

Fronting is perhaps more commonly associated in the world of insurance whereby parents name themselves as the main driver of their teenager’s car in an effort to bring down the now outrageously high cost of insurance for young drivers
Published: 16 Mar 2016

Another Lawgistics Car Dealer wins in court

From time to time we get dealers call in to say they have not taken the right money off a client, quite often due to a typo on the invoice. It happens. In this case, our client had mistakenly put a 5 on the invoice instead of a 6 and so when the customer came to collect the car, only £5400 was taken and not £6400.
Published: 17 Feb 2016

Car Finance & Section 75 of the Consumer Credit Act 1974

Hot on the heels of our discussions about the potential negative implications of contracts between dealers and finance companies, we have this week seen a finance company try and make a claim against our client under Section 75 (2) of the Consumer Credit Act.
Published: 17 Feb 2016

More small prints woes

Following on from our legal update regarding finance companies trying to legally force dealers to effectively pay out for any complaint by a consumer, we have been  inundated with calls from concerned dealers. To be clear, not all finance companies have taken this route. However, our experience is that finance companies will sometimes roll over too easily on fear of the customer escalating any complaint to the Financial Ombudsman Service (FOS).
Published: 17 Feb 2016

Supreme Court sends yet another reminder that Court Orders must be followed

A recent Supreme Court Case saw seven of the very best judges in the land consider how to deal with a party not complying with a Court Order. A court will sometimes issue an ‘unless order’. An unless order is just as it sounds, i.e. unless you do A by a certain date, you will suffer the consequences.

Published: 19 Jan 2016

Are you in breach of The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013?

These not so nifty sounding Regulations came into force in June 2014. However, they were further embedded into the law by the Consumer Rights Act 2015. They set out what information you are legally required to give to customers before the customer is bound to make their purchase.

Published: 19 Jan 2016

Coming soon...on-line court for claims up to £25,000

Currently people can issue a claim through the ‘Money Claim Online’ System. If the value of that claim is £10,000 or less (as almost 70% of all claims are), it will be allocated to the Small Claims Track. Over £10,000 it will go into either the Fast or Multi Track. All three tracks usually end with a court room hearing if they are not settled along the way. However, plans are afoot for the introduction of a new on-line court system.
Published: 19 Jan 2016

Denying the customer their consumer rights

The new Consumer Rights Act 2015 has made it clearer as to who constitutes a consumer and therefore who attracts the full range of consumer rights. The definition of consumer is:

“an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.”
Published: 09 Dec 2015

One month in – The Consumer Rights Act 2015

Following the introduction of the Consumer Rights Act 2015 last month, we have seen a surge in sales of our PDI pads as dealers have taken on board our advice to review their pre delivery procedures.

Published: 10 Nov 2015

Useful new FCA guidance on consumer credit applications

Those of our clients who are FCA registered often complain about navigating their way around the GABRIEL system.
Published: 29 Oct 2015

The Financial Ombudsman (FOS) and complaints

We often get calls from car dealers who feel they are being pushed into a corner by a finance company following a customer complaint. The usual scenario is that the customer has complained about a fault which the dealer has not upheld and so the customer has marched off to the finance company who worry about the complaint being escalated to the FOS.
Published: 29 Oct 2015

On premises sales, off premises sale and distance contracts

Most sales by our dealers will be subject to the ‘on premises’ sales rules within the Regulations given that an on ‘on premises’ sale is defined in the Regulations as a contract between a trader and a consumer which is neither a distance contract nor an off premises contract.
Published: 29 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

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

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

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.
Published: 21 Jul 2015

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.
Published: 21 Jul 2015

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 delivery.
Published: 23 Jun 2015

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.
Published: 23 Jun 2015

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.
Published: 09 Jun 2015

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
Published: 09 Jun 2015

Bailiff Fees

List of the fees that High Court Enforcement Officers (HCEOs or bailiffs in the old terminology) can legitimately charge when collecting a debt.
Published: 27 May 2015

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.
Published: 27 May 2015

Good news from the courts for car dealers

As a car dealer being taken to court, you may well feel that you will be judged before even stepping inside the courtroom when up against a consumer.
Published: 27 Apr 2015

Cars sold on HP

Many of our dealers sell cars on HP whether that is through themselves as an authorised FCA broker or via one of the online brokers which customers can approach direct.
Published: 27 Apr 2015

New Rights for Consumers

On 26 March 2015, the much talked about Consumer Rights Bill finally completed its long journey backwards and forwards through the Houses of Commons and Lords to metamorphose into the all singing and all dancing Consumer Rights Act 2015.
Published: 14 Apr 2015

Keeping consumer issues out of court

Following the introduction of the small claims free mediation service in April 2013,  more measures are on the way to help parties settle their dispute without the need to argue it out in front of a judge.
Published: 14 Apr 2015

The DVLA and Car Tax

As reported in a previous update, some dealers are experiencing problems emanating from the car tax changes last October whereby some of their customers have recently been fined as they were unwittingly driving around untaxed following some early confusion over the new rules.
Published: 17 Mar 2015

The DVLA & Cherished Plates

Many of the issues with cherished plate transfers are not helped by the slow processing times at the DVLA.
Published: 17 Mar 2015

PPI complaints rumble on

complaints against our dealers for the mis-selling of PPI on car finance deals
Published: 04 Mar 2015

Internet Reviews & Scams

In our experience, some review sites are more clued up than others when it comes to their legal responsibilities.
Published: 17 Feb 2015

Changes to bankruptcy and Debt Relief Order rules

The Government have announced that from October 2015, the bankruptcy creditor petition limit will be raised from £750 to £5000.

Published: 17 Feb 2015

Hangovers from last October’s Vehicle Tax Changes

The effects of the above changes are still impacting on our dealers four months into the new system.

Published: 17 Feb 2015

Mediating in small claims - Say yes!

This week saw another of my clients reach a satisfactory outcome at mediation.
Published: 19 Jan 2015

Residential and Commercial Tenancies

According to the Property Data Report 2014 over one half of the UK's commercial property is rented.

Published: 06 Jan 2015

Sale of Goods Act and the ‘6 month rule’

It is not unusual for customers to rock up and demand that our dealers provide a refund or repair for their used car because xy or z has happened in the first 6 months after purchase.

Published: 08 Dec 2014

Negotiating Court fees

As discussed in our court claims article it is cheaper for a money claim to be issued on line through the Money Claim On Line system .

Published: 08 Dec 2014

Some Section 75 good news

My last update discussed payments by credit cards and the extra protection this gives to the consumer.

Published: 21 Nov 2014

Chasing customers and businesses who owe you money

Many of our clients approach us to help them call in debts owed to them be it by customers or other businesses to whom they have supplied goods and services.

Published: 21 Nov 2014

Accepting credit cards for payment and Section 75 refunds

A recent survey by the consumer organisation Which? shows that a quarter of people are unaware of the protection offered to them by Section 75 of the Consumer Credit Act.
Published: 07 Nov 2014

The UKIP Factor - New rules for West Midlands landlords

As this Government tries to win back voters from the UK Independence Party, new rules are being introduced by the Home Office under the Immigration Act 2014.

Published: 23 Oct 2014

Have you seen my catalytic converter?

We have had a few calls of late regarding catalytic converters, specifically missing ones.

Published: 13 Oct 2014

Unfair on Employees? Latest figures from Employment Tribunals

New figures released by HM Courts and Tribunal Service show that claims to Tribunals are down 71% for the quarter April to June 2014

Published: 13 Oct 2014

Renting out properties as an additional source of income

Many of our clients are also Landlords of residential properties.

Published: 30 Sep 2014

Just what is the Golden Rule?

Following our update on potential new rules for debt claims and Neil ‘Razor’ Ruddock’s “do you know who I am?” moment when he was tackled by the High Court Enforcement Officers in ‘Can’t Pay?

Published: 30 Sep 2014

Potential new rules for debt claims in the County Court

The days of filling out forms and queuing at the counter at your local county court to issue a debt claim are long gone.

Published: 16 Sep 2014

1 | 2 | 3 | 4 | 5 | 6 >