The Motor Ombudsman confirm they CANNOT provide specific legal advice to Motor Traders

legal updates

This creates a situation that will put the dealer on the back foot and leave them acting alone.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Following our latest legal update Exploding the myths of ADR we have been contacted by Holly McAllister who oversees the ADR Service at The Motor Ombudsman.

She acknowledges that there are various myths surrounding ADR and that Lawgistics have been instrumental in correcting the same, even when the Local Trading Authorities get it wrong.

Holly makes it clear that their organisation, The Motor Ombudsman, has undergone significant change to ensure the impartiality of their service. Whilst they seek to keep businesses informed of their legal obligations, they cannot provide specific legal advice in an individual dispute.

This creates the situation that Lawgistics believes will put the dealer on the back foot and leave them acting alone. 

By being a member of The Motor Ombudsman a dealer is essentially agreeing to use the Ombudsman ADR service (something that is not necessary if you are not a member).

By becoming a member of The Motor Ombudsman, because they are and have to be impartial, they cannot assist you with any dispute that arises. Indeed they will not be involved until the dealership provides a final response and then the individual work of the Ombudsman starts. 
In dealing with the problem you will be left on your own. An independent Motor Ombudsman cannot advise or act for you.

It gets worse. The Motor Ombudsman’s website is unclear to the binding nature of their Ombudsman’s final decision, which was challenged on twitter and confirmed in a tweet, that their final decision is binding on the dealer although the consumer retains their right of appeal.

What are the implications of this?

This means that by subscribing to The Motor Ombudsman you get no specific help in a dispute with a consumer and their arbitrary decision, good or bad, commits you to a course of action upon which you have no appeal.

If you were not subject to The Motor Ombudsman’s membership you would have the opportunity to present your case to the Court and have a right to appeal. The Court also provides a free mediation service in almost every case.

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

David CombesIn remembrance of David Combes 1948 – 2020Read More by this author

Related Legal Updates

The Motor Ombudsman (TMO) – Is it “fit for purpose”?

It seems TMO never sought to ask that basic question and, by the time the penny finally dropped, the contract with the finance company had taken place more than six years ago

Compulsory mediation – are the courts finally making a decision?

There is a clear motivation for parties to focus on resolution rather than dispute in legal matters.

Alternative Dispute Resolution – between a rock and a hard place

There is still no direct obligation to engage in ADR within the automotive sector either before or during court proceedings. However, responsible traders should be under no illusions about the direction being taken by the courts on this matter.

Mercedes diesel software update leads to NOx sensor fault

Our member now faces a repair bill of almost £700 plus VAT for the cost of a new NOx sensor, which they say is consequential to the Mercedes software update.

Proposals for mediation for Small Claims to become compulsory

The proposals aim to reduce the court backlog and assist with resolving disputes promptly and more cost-effectively.

Alternative Dispute Resolution (ADR) and its flaws

There is no real benefit to be had defending the indefensible, unless you are a solicitor charging by the hour.

The Motor Ombudsman

A woeful lack of knowledge of basic consumer and trading standards law.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.