Judge rips into consumer, again!

legal updates

The consumer wanted to have his cake and eat it.

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.

Last week we had a case before the Court, which had previously been adjourned part heard.

On the first showing the Judge gave the consumer a dressing down for bringing the case to Court, since the vehicle should have been returned to the dealer straight away.

Indeed, the dealer had offered to accept its return and provide a refund from the outset but the consumer wanted to have his cake and eat it and made a series of unreasonable demands for recompense, which the dealer rightly refused.

The Judge was having none of it, but unfortunately the proceedings were halted prematurely due to a power cut in the Court.

The case was then adjourned to be heard afresh by another Judge, but the consumer fared no better on the second time of asking.

Again, the Judge ripped into the consumer on the same grounds as the previous Judge. He was particularly scathing about the consumers failure to return the vehicle at the appropriate time and ensure that it was properly insured and taxed, amongst other things.

Predictably, on the facts, it was ordered that the vehicle be returned to the dealer for a full refund plus service and repair costs, as previously offered, but the consumers claim for the cost of an inspection report, transportation costs and critically the Court fees were declined.

Ordinarily, costs follow the event, so the Courts refusal to award costs in this case was a clear indication that it disapproved of the consumers conduct. The consumers mauling by the judiciary was a welcome bonus!

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

The omni-channel approach and distance sales

The conclusion of a contract when purchasing a vehicle occurs when a deposit or the full purchase price is paid.

A New Case – What Do We Need From You?

You might be thinking, “Why do my thoughts and comments matter?”

Always prep, check, then check again

If you state that every vehicle comes with a new MOT, then ensure that they do!

How to legally get rid of an uncollected vehicle

Unlike a notice to collect goods, a notice of intention to sell uncollected goods can be used for all types of conventional bailment, and not just where the goods were left for repair, valuation, or storage.

What are your legal obligations once you have a customer’s vehicle?

Bailment is one of the most common legal relationships that many businesses find themselves in with consumers.

The finance industry focuses on durability, and misses the point!

There is plenty of sound legal authority that makes clear a buyer of a used vehicle must expect that faults will develop sooner or later.

Deposit and Fair Contractual Terms

Explore the intricacies of contract commitments and the bounds of consumer rights in our latest analysis, where a £3000 deposit dispute underscores the significance of clear terms and buyer responsibilities.

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.