One month in – The Consumer Rights Act 2015

legal updates

We have seen a number of cases whereby customers have demanded a refund on the advice of a consumer organisation.

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.

Following the introduction of the Consumer Rights Act 2015 last month, we have seen a surge in sales of our PDI pads as dealers have taken on board our advice to review their pre delivery procedures.

As a result, we have already been able to successfully help a number of dealers fight off a customer’s demand for a refund under the 30 day Short Term Right to Reject.

As suspected, consumers have been given the impression that they have an automatic right to a refund if a fault appears in the first 30 days.  As our members will know, that position is only half the story as;

a) the fault cannot be something relatively minor and

b) the fault had to be present at the point of sale.

We have seen a number of cases whereby customers have demanded a refund on the advice of a consumer organisation but we have been able to evidence that they are not entitled as either the fault was not major and/or it was not present at the point of sale.

The PDI pads, and new MOTs etc, are really proving their worth not only in defending spurious refund claims from customers under The Short Term Right to Reject but also in giving customers confidence in the vehicle they are purchasing.

We will continue to update you on the impact of the new Consumer Rights Act 2015 as of course it’s still early days but currently, with the right procedures in place, the negative impact has been minimal.

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

Don’t Get Soaked: The Habitation Checks That Stop Motorhome Rejections

Buyers are rejecting motorhomes for damp, leaks and unsafe cabins. Here’s what to inspect in the habitation area and why a simple pre-sale check can save you a costly Consumer Rights Act dispute.

Can You Claim What You Haven’t Lost? The ‘No Loss’ Principle Meets s19 CRA 2015

A live claim against a member raises a sharp question: if no money has changed hands and only deductions are in dispute, has the claimant suffered a recoverable loss?

To Repair or Not to Repair: that is the question

A customer drops off a car three months after purchase and asks for a refund. You might have a right to repair, but touch a spanner without clear permission and you could turn a winnable case into an unwanted rejection.

Winter Is Coming: Stop Seasonal Complaints Before They Start

Winter faults spark a spike in consumer complaints. A few extra pre-sale checks now can save you a world of hassle when the temperature drops.

The Consumer Rights Act 2015: Bête noire or useful tool?

Section 19(14) isn’t a magic wand for consumers, and Sections 23 and 24 give traders real leverage. Here’s how to use repairs, disproportionality and usage deductions to keep disputes under control.

Sale or Return: Why “Private Sale” won’t save you from Consumer Rights Act responsibilities

Dealers using Sale or Return cannot hide behind “private sale” labels unless the agency position is made crystal clear from the advert onward. Miss that step and you risk CRA 2015 claims and a DMCCA 2024 breach.

30 Days to Hand the Keys Back: How the Short-Term Right to Reject Really Works

Think a new fault lets buyers walk away, no questions asked? Not quite. Discover why the burden of proof is on the consumer, and how dealers can stay one step ahead.

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.