COVID-19: The underlying symptom that no-one told you about…

legal updates

As the government would say, there is a “spike” in the number of cases being received from consumers seeking rejection of their car.

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.

That symptom being the urge or compulsion to want to reject a car for the most fanciful of reasons!

Of course, we make the statement with tongue firmly implanted in cheek. However, the reality is that – as we predicted at the very outset – the change of circumstances brought about by Covid-19 is making people seriously re-consider all of their expenditure and the importance of that car of theirs on the driveway, with a detrimental outcome to come to the dealer who sold it to them.

For whilst we accept that Covid-19 will result in people having to sell possessions in order to downsize or to not replace at all, we are starting to find – as the government would say – a “spike” in the number of cases being received from consumers seeking rejection of their car, or demanding some alternative form of compensation, from the dealer.  We believe that the increasing number of “optimistic”, “frivolous” or utterly ridiculous reasons being given now, are actually from desperate consumers who simply need the cash consequent of Coronavirus.  Rather than sell their asset at a knockdown price, they demand full whack from the unsuspecting dealer, no matter how nonsensical their reasons for demanding the same actually are.

That said, we’re not convinced that many “reasons” can trump this one.  Buys car and after 2.5 years and 35,000 miles, the consumer wants over £500 because the chrome trim around one headlight has become faded!  That is going to court.  If the consumer wins her claim in full in court, the writer will walk naked (bar some boxer shorts) down the High Street outside of the Lawgistics offices.  Subject that is, to any Public Order offences that he may be committing in the process!

If you are the “victim” of someone “trying it on” – call Lawgistics and let us help you defend yourselves.

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.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Legal Disputes: Why traders should avoid direct contact

The urge to sort the matter out, or attempt to, can put a strain on the process and you may find yourself in a difficult position.

The etiquette of handling consumer complaints

It is always best practice to get involved while you have the chance and follow the correct process at the very beginning.

A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

Implications, assumptions, and confusion – why being clear on your actions could be key to winning

The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

Claim Dismissed: No Proof of Fault at Purchase

Our member argued that numerous issues could have caused the overheating and ultimate failure.

Court Rules Against ‘Serial Returner’ in Distance Selling Dispute

It is clear from his evidence that his true intention was that he wanted the ability to reject the car at a time of his choosing.

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.