Article date: 26 May 2008
- HPI and NMR Checks can help dealers meet their Duty of Care
26 May 2008 sees the Consumer Protection from Unfair Trading Regulations put into force the Unfair Commercial Practices Directive (UCPD). The legislation changes bring in new criteria covering unfair practices by traders of all consumer goods and services and HPI is urging dealers to make sure they comply. In the biggest shake up of the trade description legislation in decades, the HPI and NMR checks can help provide dealers with the level of protection they need.
"Under the new legislation, misleading the customer in any way is being clamped down on as ‘unfair' and this includes misleading actions or omission of any information," explains Daniel Burgess, director of automotive at HPI. "What you don't say about a used vehicle becomes as critical as what you do say. It's well known that ignorance is no defence, but the introduction of "professional diligence" makes this truer than ever, taking a dealer's ‘Duty of Care' to the customer to a whole new level."
Professional Diligence is defined as "the standard of special skill and care which a trader may reasonably be expected to exercise towards the consumer, which is commensurate with either honest market practice or the principle of general good faith."
Burgess concludes: "The good news for dealers is that early indications suggest the HPI Check, NMR Check and NMR Investigation may be considered the minimum for meeting professional diligence, and the dealer's saving grace.
"HPI Checks can play a part in dealers meeting their requirements under the new legislation. There's no better time for dealers to ensure their stock has the HPI seal of approval - helping to protect them, their business and their customers."
The above article does not constitute legal advice.
For press enquiries please contact:
Margot Tomkinson, Dominic Dennis and Justine Hoadley at HSL 0208 977 9132.
Notes to editors:
Originally established in 1938, HPI Limited is a primary source of vehicle information for the UK motor industry and motoring consumer, which since August 2004 has been owned by Norwich Union. HPI encompasses both the HPI database of all UK road registered vehicle descriptions and histories, and the National Mileage Register which holds in excess of 85 million mileage readings.
Together, HPI and NMR represent the UK's largest vehicle information source, combining and interpreting data from government agencies, industry bodies, private organisations, the police and the general public. Registering with HPI helps companies to protect their financial interests in motor vehicles and a wide range of other mobile assets. HPI Checks give purchasers instant confirmation of whether vehicles are correctly described, known to be subject to outstanding finance or serious accident damage, or recorded as stolen or "clocked".
'HPI' and the HPI logo are registered trademarks of HPI Limited.
(1) All prices include VAT and are correct as of 1 January 2006
(2) Mileage Data is not covered by The HPI Guarantee
(3) The HPI Guarantee is subject to terms and conditions