2012 Consumer Law for Motor Finance Providers - Programme
Programme
10:00 Welcome and introductions
10:15 Basics of Contract Law – What do you need to have a contract?
10:35 Types of Contracts – A look at the different types of contracts (i.e. sale of goods, hire purchase, conditional sale agreements, etc) to see why it really matters how you sell and supply goods.
10:55 Warranties – and how they impact (if at all) on the customer’s rights. We also briefly consider the SMMT’s Code of Conduct for new vehicles and how this gives consumers other options.
11:05 Implied Terms: Ownership – we look at disputes over the title to goods; these often arise when goods are let to parties who, in breach of the finance agreement, try to sell the goods on to third parties. We consider the impact of the DVLA’s keeper database and the role of agencies including Experian and HPI Limited.
11:20 Break
11:35 Implied Terms: Description – A study of the way in which goods are described and consideration of the issues that recently arose in the High Court’s decision of Brewer v Mann & Others [2010] where the Court decided that a prestige Bentley motor car was not as described.
11:50 Implied Terms: Satisfactory Quality – we look at the important obligation to supply goods that are of satisfactory quality. In particular, we look at who has to prove the goods were satisfactory or not when supplied and what factors the Court will consider. We also review a number of recent case decisions.
12:20 Implied Terms: Fitness for Purpose – we look at the argument of fitness for purpose (which is often misunderstood by consumers) and how and when it can be argued.
12.30 Lunch
13:30 Exclusion Clauses – How can lenders remove or limit their liability for the implied terms.
13:50 Termination – A look at the typical breaches of a finance agreement and what you should look for to avoid arguments that the agreement has not been properly terminated
14:05 Remedies – What rights do debtors and hirers have against creditors and owners? We also look at what rights the creditors and owners have against the debtors and creditors and consider the important topic of alternative dispute resolution, including mediation.
14:25 Consumer Credit: Requirements for an Enforceable Agreement – What must a regulated agreement include to ensure the best prospect of a recovery.
14:45 Consumer Credit Notices: Arrears, Default Sums, Default, Termination, Enforcement – notices play a vital role in consumer credit legislation. We therefore look at the types of notices and some tips to avoid arguments over their validity.
15:00 Break
15:15 Consumer Credit: Issues Affecting Recovery of Goods including Time Orders, Protected Goods & Unfair Relationships – time orders and unfair relationships are two key concepts of consumer protection. We look at what the Court is actually allowed to do and review the latest case law.
15:35 Consumer Credit: Connected Lender Liability under Section 75, Right to Withdraw under Section 66A, Liability for Antecedent Negotiations under Section 56
15:50 Impact of Repairer’s Liens on Recovery of Goods
16:00 Misrepresentation – many lenders will have experience of claims alleging that statements made by the dealer or the lender caused the customer to enter into a contract which he or she now wants to get out of. We look at such claims and how they can be defended.
16.20 Claims against Third Parties for Recovery of Goods
16:40 Summary and Conclusions
17:00 Course Finish
