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.

Author: Nona Bowkis
Published:
Reading time: 2 minutes

This article is 6 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.

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.

Nona Bowkis

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.