It is common when dealing with customers and finance companies to find that your intentions and actions may be construed as something very different.
A simple goodwill gesture to help your customers, which is considered good customer service, could be painted as accepting liability depending on how the gesture has been presented.
Finance companies especially have been known to try and argue that any goodwill provided by traders is to be seen as accepting liability. However, this is not always the case. For example, a case currently being argued concerns a client assisting their consumer with a diagnosis. The consumer authorised third-party repairs, unknown to our client. The consumer asked our client for assistance, and as a goodwill gesture, our client offered to collect the vehicle to diagnose.
The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer. The finance company has since attempted to argue that by diagnosing the vehicle, liability has been accepted, and rejection is due. Of course, no such words had been exchanged. The argument remains ongoing.
From the outset, traders should remain extremely clear in their intentions, especially in any written exchanges where inference could make all the difference.
Should you be unsure of what to say or how to word it, please get in touch with us.
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