7 weeks and counting

legal updates

It’s been a tough year, but so many dealers have adapted, survived and in many cases, thrived.

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So, almost a year after Boris sent us into lockdown 1, we finally see some light regarding opening forecourts and showrooms for business!

It’s been a tough year, but so many dealers have adapted, survived and in many cases, thrived.

The date, when car dealers in England and Scotland can throw open their doors, looks to be 12 April 2021 (with Wales possibly earlier). This date is a “no earlier than” date and so it could be pushed back, but current signs are that we will fully get going again as an industry within seven weeks.

For now, we need to continue to keep premises closed and keep doing business in response to remote orders only, whether that be online or by phone. You can of course, as we have advised all along, section off a bit of the showroom to allow customers in to sign documents and complete any remote sales – the law has always allowed this.

For those of you who have embraced distance selling, we expect this will continue alongside more traditional sales but do remember that you will still need to provide the customer with all the distance sales terms to protect yourself from customers abusing both vehicles and your good nature. Give your customers a copy of our free Distance Sale template at the time of order and you will have complied with your legal obligations under the Consumer Contracts Regulations 2013. You cannot take away the consumer’s statutory right to the 14 days return period but you can ensure the sales are done on your terms.

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Related Legal Updates

Pandemic impact on annual leave entitlement

The change in March 2020 allowed for four weeks of annual leave to be carried over. So, as a reminder, any carried over leave must be used in 2022!

Cost of living increase

With the increase in cost for just about everything, we anticipate that consumers will be feeling the squeeze and therefore, will either seek to reject vehicles or request for repairs to be undertaken.

Distance Selling Cancellation and Rejection – A Basic Legal Lesson for Finance Companies

The finance company who buy the car, are not consumers. The regulations do not apply to buyers, who purchase “in the course of trade or business.

See you in court… in a year or so…

Before deciding to issue or defend proceedings, it is important to consider how court delays may impact you as a business and as an individual.

Ambush! – Application to revisit determined arguments and introduce new claims refused

The judge merely allowed for fixed costs in accordance with the Small Claims Track cost regime

Opportunistic and misconceived claim for psychological harm struck out at a preliminary hearing

Consumer seeking to throw everything and the kitchen sink at our member in the vain hope that something might just stick

Online sales tax (OST)

With different interpretations of distance sales being bandied about, it is hard to see if and how OST will ever get implemented.

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