HPI and NMR Checks can help dealers meet Duty of Care

26th 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.”