CCPC takes enforcement action against John Duignan, trading as “John Duignan Motors”, Longford

August 24, 2017

The Competition and Consumer Protection Commission (CCPC) has published details of an enforcement action taken against John Duignan, trading as “John Duignan Motors”, Unit 7, New Townspark Industrial Estate, Longford, Co. Longford. Following an investigation, the CCPC found that John Duignan had engaged in a misleading commercial practice by omitting or concealing material information relating to the sale of a motor vehicle.

Omitting or concealing material information that an average consumer would need to make an informed transactional decision is a misleading commercial practice pursuant to the Consumer Protection Act 2007.  Following a complaint from a consumer, the CCPC found that John Duignan failed to provide to a consumer information relating to a broken timing belt and associated damages in a motor vehicle that was for sale. The consumer was not informed that the vehicle had previously been the subject of an insurance claim and had been designated a ‘Category C’ write-off.  As a result, the CCPC issued a Compliance Notice compelling John Duignan to provide to the consumer all material information relating to the motor vehicle in question and to cease engaging in the misleading commercial practice of omitting or concealing material information that an average consumer would need to make an informed transactional decision.

All traders should be aware of their responsibilities when selling second-hand vehicles. The CCPC is conducting unannounced inspections of motor garages across the country. Traders who are found to have misled consumers about vehicles they are selling, or who sell defective vehicles, are potentially in breach of consumer protection legislation and are liable to enforcement action, up to and including prosecution, by the CCPC.

If anyone has information regarding a trader that they believe has provided false information about a motor vehicle’s condition or mileage, they should contact the CCPC’s consumer helpline on 1890 432 432 or visit www.ccpc.ie.

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