Watch what you write on an invoice…

legal updates

In this particular incidence, the trader had tried to remove all of the consumer's statutory rights by writing on the invoice

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.

BBC’s Watchdog, on 01 May 2013, discussed the second hand car market. In the episode it makes reference to notes made on a vehicle invoice.

In this particular incidence, the trader had tried to remove all of the consumer’s statutory rights by writing on the invoice:-

‘Car has been test driven and customer has happily bought car with no harassment. Customer loses all legal rights to pursue any matter now or in the future by signing this.’

This of course is illegal. You cannot remove consumers’ statutory rights on a sales invoice, any attempt to do so will not be looked at fondly by a Judge in Court.

Connected Car FinanceReady to take the connected approach?

We’re here to ensure all used car dealerships deliver a better car finance experience for their customers. With over 4,000 approved dealer partners we ensure you are properly supported and connected with a range of flexible finance options, allowing you to lend and your customers to buy in complete confidence.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Legal Disputes: Why traders should avoid direct contact

The urge to sort the matter out, or attempt to, can put a strain on the process and you may find yourself in a difficult position.

The etiquette of handling consumer complaints

It is always best practice to get involved while you have the chance and follow the correct process at the very beginning.

A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

The customer isn’t always right…

As it was a defect he knew about, he cannot now claim it renders the vehicle not fit for purpose or not of satisfactory quality.

Implications, assumptions, and confusion – why being clear on your actions could be key to winning

The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

On your Marks… Get Set… Doh!

The TSO told our member that the consumer ought not to have experienced a failure given the age and mileage of the car.

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.