JLR Gagging order!


Wrench Pro
VW Golf Mk5 1.9TDi
Word has reached my ear about this so I thought I'd share it here and copy my response from another forum re the Consumer Rights Act 2015.


S.31 of the 2015 Act:

(1)A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under any of these provisions—
(a)section 9 (goods to be of satisfactory quality);
(b)section 10 (goods to be fit for particular purpose);
(c)section 11 (goods to be as described);
(d)section 12 (other pre-contract information included in contract);
(e)section 13 (goods to match a sample);
(f)section 14 (goods to match a model seen or examined);

(2)That also means that a term of a contract to supply goods is not binding on the consumer to the extent that it would—
(a)exclude or restrict a right or remedy in respect of a liability under a provision listed in subsection (1),
(b)make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
(c)allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy

Oh and let's not forget the crap that JLR dealers could land themselves in with trading standards for breaching the Consumer Protection from Unfair Trading Regulations 2008:

Aggressive commercial practices

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—
(a)it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and
(b)it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.
(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—
(a)its timing, location, nature or persistence;
(b)the use of threatening or abusive language or behaviour;
(c)the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;
(d)any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and
(e)any threat to take any action which cannot legally be taken.
(3) In this regulation—
(a)“coercion” includes the use of physical force; and
(b)“undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision

Penalty for offences

13. A person guilty of an offence under regulation 8, 9, 10, 11 or 12 shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
We don't know the half of what goes on behind closed doors.

Would you accept a gagging deal for a generous refund or deal on an unsuitable car?

I might. Going to court will usually result in a better payout in some circumstances but it's always a long expensive and protracted process. To be honest it depends what the deal is.

I'd certainly get trading standards involved and look for a free legal resolution to my case.

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