A claimant mixed pre-2015 laws with a post-2015 car purchase and the result was, frankly, embarrassing. Here’s a quick refresher on which Acts actually apply and why it matters in motor trade disputes.
Recently a member received a claim form which had pleaded that the claimant was a consumer for the purposes of the purchase of a used vehicle from a trader. However, within the same claim, reference was made to the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
The contract had commenced after 1 October 2015. The contract was specific between a trader and a consumer for the purposes of the purchase of the car by the consumer.
Upon reading the claim form, which aside from being extremely long-winded and considerably beyond the realms of a concise statement in accordance with the Civil Procedure Rules, the law had been misapplied. Whether this was the result of some artificial intelligence hiding away since the 1980s, or whether “computer says no” applied on this occasion, the claim was, for want of a better word, embarrassing.
It reminded me of a well-respected judge who used to point out to litigants that if they were unsure of their claim or how to prepare for it, seek legal advice, because, after all, the judge was not a mechanic; he had chubby fingers and would not know the exhaust from the air filter. The analogy sprang to mind in this particular claim.
The Consumer Rights Act 2015 came into effect on 1 October 2015, and we have now passed its 10-year birthday. Like it or loathe it, the legislation replaced the Supply of Goods and Services Act 1982 for contracts between traders and consumers. It does still apply to contracts pre-1 October 2015, but who has a contract that long anyway?
The same goes for the Sale of Goods Act 1979, which still applies to contracts pre-1 October 2015; however, for contracts after 1 October 2015 the primary legislation is the Consumer Rights Act 2015.
The Consumer Rights Act 2015 was introduced in the UK to modernise, simplify and consolidate consumer protection law which had become outdated, fragmented and difficult to navigate.
It consolidated the Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and Sale and Supply of Goods to Consumers Regulations 2002. The legislation was deemed often confusing to consumers, and by the look of the consumer’s pleaded case, still appears to be as confusing today as it was before the statutory change.
The law has certainly clarified certain circumstances but whether it remains fit for purpose (sorry, just had to say that) is a talking point. What would be welcome is an amendment to the Act specific to car dealers; however, there are no plans from the current government to make changes any time soon.
On average 55 vulnerabilities are identified daily.
What can I do?
Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
If you’re unable to answers these questions, you need help from the experts.
If you have had the same issue or a similar problem, why not call our legal team at Lawgistics for guidance on the Consumer Rights Act 2015 and motor trade disputes.
