Author: Stephanie Strachan
Published: September 16, 2019
Reading time: 1 minute
This article is 5 years old.
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 seems to have been a busy time for a very heavily used finance company recovering commission from many of our clients.
If you have been contacted with demands to payback commission for any reason on deals you have done then it is always worth sending it over to us.
It is usually the case that the finance companies will contact clients who are no longer dealing with them.
In a number of recent cases we have successfully managed to argue that the amounts claimed by the finance company are irrecoverable or negotiated the amount to be returned down significantly.
You will find in the terms and conditions of the finance companies that commission is recoverable in a number of circumstances including non-introduction of business, payment default or voluntary termination for example.
Whilst they may like you to think the money is instantly recoverable that is not always the case and we are happy to assist should you find yourself in that scenario.
