No supplier is the organisation that supplies the vehicle i.e. dealership, lease company hire purchase etc
In which case the CRA would not apply, as the CRA is only relevant to the contract the buyer has with the retailer or finance house if one has been used for the purchase. Manufacturers are not affected by th e CRA, unless they sell goods direct.
And we have now gone full circle.
What came first ?
The chicken or the egg?
The principle of Disclosure has not changed. It is still mandatory for the Proposer to declare all information about he/she, the vehicle etc.
But this year the FOS and FSA have raised concerns that a Policy holder needs to have some idea exactly what it is the Insurer wants to know.
Somw3 are now in a kind of transition period where some Insurers are spelling out “modifications” whilst others have done nothing.
The amazing reversed decision by Allianz illustrates the fine line that is being trod.
But as I and the Prof have said , tell them everything about anything that wasn’t there when it left the factory. Ie fail safe.
The Consumer Insurance Act came into force on April 6th 2013
www.abi.org.uk
Quote "your insurer will have to ask you specific questions to obtain relevant information about your circumstances when you buy insurance. The Consumer Insurance Act will give you legal protection if you unknowingly give incorrect or incomplete information to your insurer. This means your insurer will not be able to decline a claim on the grounds off non-disclosure unless you carelessly or deliberately lied or misrepresented your circumstances"
What the Consumer Insurance Act means for customers | ABI
The Consumer Insurance Act came into force on 6th April 2013
www.abi.org.uk
Quote "your insurer will have to ask you specific questions to obtain relevant information about your circumstances when you buy insurance. The Consumer Insurance Act will give you legal protection if you unknowingly give incorrect or incomplete information to your insurer. This means your insurer will not be able to decline a claim on the grounds off non-disclosure unless you carelessly or deliberately lied or misrepresented your circumstances"
Yet until this year not one Insurer defined the kind of subject matter they wanted disclosed.The Consumer Insurance Act came into force on April 6th 2013
What the Consumer Insurance Act means for customers | ABI
The Consumer Insurance Act came into force on 6th April 2013
Quote "your insurer will have to ask you specific questions to obtain relevant information about your circumstances when you buy insurance. The Consumer Insurance Act will give you legal protection if you unknowingly give incorrect or incomplete information to your insurer. This means your insurer will not be able to decline a claim on the grounds off non-disclosure unless you carelessly or deliberately lied or misrepresented your circumstances"
I suspect the penny has dropped and unbeknown to us mere mortals Allianz had a pang of conscience even though the FOS supported the declinature.
Ten years on this shouldn’t be a discussion point with us mere mortals.
Who mentioned that the manufacturer was liable? It is always the supplier that is liable as contract is with supplier and consumer.
Lose use of the term "supplier" causing misunderstandings, as here and with much else the retailer purchased from is only one element in supplying.
There will be the supplier to the retailer, like the importer VW UK as an example, there will be their supplier, VW's factories wherever they are and countless componentry suppliers to the build factory, plus most likely further suppliers to individual component suppliers.
Does the CRA 2015 also use such a none definitive term as "supplier" or something way more specific identifying the place that sold it to the claimant, like dealer, retailer, or seller?
Last edited:
In the thread the reference or context is to the consumer and not the manufacturer so there should be no confusion? Would the finance house be referred to as a retailer or a supplier?
I would have thought that it would be easier and less ambiguous if one talked about the two parties to the contract. The contract is between the customer and the dealer or whoever is handing over ownership. In that case it should be fairly obvious that it’s not the car manufacturer.
Happy Christmas...
The CRA is specifically related to the retail seller to the end user or Consumer, thus its important to define the parties, for the exact reason JTQ in #132 points out.
The terms used to define the parties in the contract are "Consumer" and "Trader"
Don’t we need to differentiate between CRA 2015 and The Consumer Credit Act 1974 Section 75?
I don’t see how The Finance Company can be the Trader?
According to the prof a finance house is a trader???? Not sure why he has even mentioned the manufacturer as a supplier when the discussion or thread concerns a consumer being supplied and not a dealership being supplied. Maybe enjoying the Christmas spirit too much. LOL! 🤣 🤣
It depends on the type of finance - if it's Hire Purchase (HP) or Leasing then you don't buy the product at the beginning, indeed with leasing you never own it.
Not sure what that has to do with question as either way the finance house is still the supplier and the one liable under CRA 2015?
Roger I am very surprised that you think there is no seller involved and think that CRA 2015 is not involved if using finance. Anyway thanks for cheering up a dull day with a good laugh. 🤣 🤣
There's no seller if the product isn't sold - there's clearly a supplier but no seller (as far as the consumer is concerned) - so the use of "seller" can be misleading in the CRA context.
No idea what you are on about as you seemed to have gone off on a real tangent, but whatever makes you happy that is al that counts.
Facebook
Twitter