vehicle leasing

alilow

I have read that sole traders count as businesses rather than consumers but that if the trader offers me credit terms up to £25,000 I have the same protection as individuals under the CCA. So would I have the automatic rejection rights you mention

wealdroam

alilow wrote: »

I have read that sole traders count as businesses rather than consumers but that if the trader offers me credit terms up to £25,000 I have the same protection as individuals under the CCA. So would I have the automatic rejection rights you mention

You are almost right - except your last sentence.

As explained before, the CCA gives you exactly the same rights as a consumer. But it is the CCA that does that.

The words in Section 75 of the CCA are:

75 Liability of creditor for breaches by supplier.

(1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

So if you have a claim under the Consumer Rights Act, then you can seek a remedy for that claim from either your seller or your credit provider, or both.

Unfortunately, as a trader you do not have a claim under the Consumer Rights Act, therefore equally, you do not have a claim against your credit provider.

alilow

I am a little confused by your answer. If the contract is covered by the CCA does this not mean that I am been classed as a consumer and therefore entitled to the rights under this law?

wealdroam

alilow wrote: »

I am a little confused by your answer. If the contract is covered by the CCA does this not mean that I am been classed as a consumer and therefore entitled to the rights under this law?

No.

In post#8 Unholyangel explained that the CCA covers sole traders as well as consumers.

That is not the case with the Consumer Rights Act.
The CRA does not cover purchases made by a business.

Perhaps another way of saying it is...

Yes, your contract is covered by the CCA.
No, it does not mean that you are being classed as a consumer. It means that as a sole trader your contract is covered by the CCA.

As I said before. as a sole trader, i.e. a business, you cannot seek a remedy under the CRA and thus you have no claim against the seller.

As you have no claim against the seller, it follows you cannot seek a remedy from your credit provider.

alilow

So although the garage supplied me with a car that would have been dangerous for me to use the law gives me no protection?

bris

alilow wrote: »

So although the garage supplied me with a car that would have been dangerous for me to use the law gives me no protection?

The vehicle is covered by the sale of goods act, which covers all contracts with consumers having the CCA giving consumers added protection.


To say you are not protected is an exaggeration considering they took back the car to rectify the situation, time being the key sticking point here.


As a business when you enter into a contract you do not get your hand held for you like consumers do so you really need to know what you are signing.


It's difficult for a business to claim unfair terms for this reason. What you need to do is sue for breach of contract and let the courts decide, it would probably go in your favour but without knowing what the contract states it's impossible for anyone apart from the judge to decide if the remedy they are offering is fair or not.

wealdroam

alilow wrote: »

So although the garage supplied me with a car that would have been dangerous for me to use the law gives me no protection?

There are only so many ways that the interaction of The CCA with other legislation can be explained, so I'll leave it for someone else.

This is the first mention of a vehicle being too dangerous to use.
Perhaps you should accuse the seller of selling an unroadworthy motor vehicle... that would give you yet another set of legislation to study.