Assist your consumer… before it’s too late

legal updates

If a consumer is ignored or refused assistance by you, and a repair is carried out, you will no longer be able to inspect the failed component.

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.

It is common for consumers to write to traders about every little thing that may go wrong when they purchase a vehicle. Even if you do not believe you are liable to assist, you should respond to the consumer and gather some evidence to support your decision.

Whether this means that you inspect the vehicle yourselves and create a report that supports your decision or you advise the consumer to take the vehicle to a trusted, local garage (if distance is an issue), you must have a written record of the actions agreed on and completed. If a consumer is ignored or refused assistance by you, and a repair is carried out, you will no longer be able to inspect the failed component.

Although you could argue you should not be liable to reimburse for third party repairs that were undertaken without your authorisation, a recent court case confirms this is not reason enough to not assist a consumer.

The deciding factor in this particular case highlighted that if a trader does not action any response or assistance to ascertain the source of the issue, and ultimately proves that the issue was not present nor developing at the time of sale, they may be in a difficult position when it comes to reimbursing the cost for repairs.

If a consumer contacts you with an issue, regardless of how ridiculous it may seem, you must take the opportunity to inspect. Always ensure you have evidence that you can present to a judge if needed.

Connected Car FinanceReady to take the connected approach?

We’re here to ensure all used car dealerships deliver a better car finance experience for their customers. With over 4,000 approved dealer partners we ensure you are properly supported and connected with a range of flexible finance options, allowing you to lend and your customers to buy in complete confidence.

Kimberly StickleySolicitorRead More by this author

Related Legal Updates

Don’t Get Soaked: The Habitation Checks That Stop Motorhome Rejections

Buyers are rejecting motorhomes for damp, leaks and unsafe cabins. Here’s what to inspect in the habitation area and why a simple pre-sale check can save you a costly Consumer Rights Act dispute.

Can You Claim What You Haven’t Lost? The ‘No Loss’ Principle Meets s19 CRA 2015

A live claim against a member raises a sharp question: if no money has changed hands and only deductions are in dispute, has the claimant suffered a recoverable loss?

To Repair or Not to Repair: that is the question

A customer drops off a car three months after purchase and asks for a refund. You might have a right to repair, but touch a spanner without clear permission and you could turn a winnable case into an unwanted rejection.

Winter Is Coming: Stop Seasonal Complaints Before They Start

Winter faults spark a spike in consumer complaints. A few extra pre-sale checks now can save you a world of hassle when the temperature drops.

The Consumer Rights Act 2015: Bête noire or useful tool?

Section 19(14) isn’t a magic wand for consumers, and Sections 23 and 24 give traders real leverage. Here’s how to use repairs, disproportionality and usage deductions to keep disputes under control.

Sale or Return: Why “Private Sale” won’t save you from Consumer Rights Act responsibilities

Dealers using Sale or Return cannot hide behind “private sale” labels unless the agency position is made crystal clear from the advert onward. Miss that step and you risk CRA 2015 claims and a DMCCA 2024 breach.

30 Days to Hand the Keys Back: How the Short-Term Right to Reject Really Works

Think a new fault lets buyers walk away, no questions asked? Not quite. Discover why the burden of proof is on the consumer, and how dealers can stay one step ahead.

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.