Consumer Rights Act 2015… getting it right

legal updates

The right to repair does not end at 6 months.

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.

Well done WMS for their proactive approach to the Consumer Rights Act 2015 however Lawgistics the legal firm to the motor trade feel that we must point out a couple of inaccuracies within their article.

Having consulted with our legal expert Nona Bowkis regarding this matter I must bring your attention to these following points.

WMS said “The durability of a vehicle is down to the manufacturer in the design and use of quality materials, and as such a second hand dealership does not have control over these issues.” While this is true, as ‘the seller’ the second hand dealership could well be liable for any issues, as the purchasers contract will be with them and not the manufacturer.

On being fit for purpose, “For example, if an electrician can carry all of his tools in a briefcase, a sports car with a small boot would be fit for that particular purpose.” If an electrician or tradesman is using the vehicle for business, then they are probably not a consumer and so the Act would not apply in this case.

On remedies WMS states

a) Short term right to reject (up to 30 days from the point of sale)
b) The right to repair or replacement (for six months following the point of sale)
c) The right to a price reduction

The right to repair does not end at 6 months. Technically, statute of limitations gives the consumer 6 years. We often see traders being approached by unhappy consumers with issues well after 6 months.

Point c) should read ‘the right to a price reduction or final right to reject’.

Regarding the issue of deductions for usage.

“The question here is how dealerships would assess this deduction. The obvious place to start would be the price that they would need to pay for a similar vehicle if they purchased it for stock on the day of the rejection, which could of course be significant and would need to be explained to the vehicle owner.”

Profit BoxDevelop your people like your business depends on it

What most people don’t know is that talent development doesn’t have to be complicated, high risk or expensive. Once they integrate key development stages, the results can be remarkable. Empower your team. Lead your industry. We’re your strategic learning partner, driving performance by moving skills forward.

The accompanying guidance from BIS makes clear that the trade price is not the way to go with this. The deduction has to be a genuine deduction for usage. Specifically it says:

Note that the deduction must be calculated based on the use that the consumer has had from the goods, and not the second-hand value of the goods.

We commend WMS for being proactive on this matter when many others within the industry have remained silent.

Should you have any issues, or further questions regarding the new legislation then please read the legal updates on our website that relate to the Consumer Rights Act 2015. Lawgistics members can get advice on this or any other legal matter that affects their business by contacting the legal team.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

Assist your consumer… before it’s too late

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.

What? You want me to pay after nearly 6 years?

After 5 years, 8 months, and 41,000 miles, there was a problem with the vehicle, and it ultimately required a new engine costing £4,600.

Consequential Losses

General stress and anxiety is not recoverable, otherwise everybody would claim it, similarly the time spent in dealing with a claim is generally not recoverable.

Car sold with a fault

Ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

What you pay for is what you get

The consumer presented our member with the bill because they wrongly thought they had the right to do what they wanted.

Customer reneges on agreed not distance sale

Our member explained they do not offer a delivery service and do not engage in distance selling.

Fast Track Claim Dismissed

The court commented that as a matter of common sense when purchasing a used item, a buyer has to accept the item is not going to be in the pristine state it would be in if purchased brand-new.

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.