Trading Standards will prosecute and you will get a hefty fine
We see it frequently. Car sales invoices to consumers that include words along the lines of:
- “Trade Sale”
- “Spares or Repairs only” – with no such mention on any advert or order form
- “You must allow us an opportunity to repair any defect before you can reject the car under the Consumer Rights Act”
Any words that attempt to take away or reduce a consumer’s rights is an offence and can lead to prosecution by Trading Standards under legislation such as the Consumer Protection from Unfair Trading Regulations 2008 or under the Fraud Act 2006.
At the end of last year, one Welsh Trading Standards department prosecuted a car dealer for “Furnishing a used car invoice to a consumer giving the impression that the consumer had less rights than they actually did.” The dreadful grammatical error aside – it should have read “fewer” not “less” rights – the level of fine given by the court should not be ignored.
The fine was £2485. Add to that: a victim surcharge of £181, compensation to the consumer of £877.20, and legal costs to be given to the council of £1616.05 – meant the dealer had to fork out over £5100. And he now has a criminal record. If you have any concerns over the wording on your invoices, then you should seek our opinion before continuing to use them.
On average 55 vulnerabilities are identified daily.
What can I do?
Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
If you’re unable to answers these questions, you need help from the experts.
