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.
A well-known finance house who shall remain nameless for now (you know who you are), has dreamt up a novel wheeze to ensure that all the nasty bits of Section 75 of the Consumer Credit Act (CCA) and more besides will be neatly and unceremoniously dumped on any poor unsuspecting dealer whenever the finance house (and they will) decides to capitulate to even the most spurious of consumer gripes.
This week we have been asked to cast our expert legal eyes over some new finance terms and conditions, which have sneaked into the market.
It is clear that the terms intend to ensure that the finance house will be fully indemnified by the dealer for any consumer complaint no matter how trivial or unmeritorious, which goes above and beyond all the nasty bits of the Consumer Rights Act (CRA).
We have recommended that our client should not sign the new agreement under any circumstances since it is onerous and patently designed to avoid any Financial Ombudsman Service (FOS) referrals or any defence from us.
Great for the finance house, rubbish for the dealer.
Perhaps not so great for the finance house in question and any others that follow their lead, if dealers vote with their feet and take their business elsewhere. We heartily recommend dealers do just that.
Dealers are urged to read the small print always and if in any doubt speak to Lawgistics.