Motor Car Traders Act 1986

The Committee may admit or refuse a claim in whole or in part.

The Committee may refuse a claim if it considers that there has been an unreasonable delay in making the claim.

The Committee may refuse a claim by a financier under section 76 in relation to a motor car trader if the financier has not given the required notice to the Director under section 49 in respect of that motor car trader.

When determining a claim or the amount of a claim, the Committee may take into account any matters that it considers relevant, including—

the conduct of the claimant and any other parties to the claim;

any delay by the claimant in making the claim and whether the delay was reasonable;

whether and to what extent the claimant contributed to the loss that is the subject of the claim;

any other matter the Committee considers relevant.

If the Committee admits a claim in whole or in part—

the Committee must issue a certificate authorising payment of the claim or the prescribed amount, whichever is the lesser; and

must pay the claimant the amount specified in the certificate, subject to subsection (4B).

The Committee is not required to conduct an oral hearing to determine whether to admit or refuse a claim.

The Committee may defer payment of a claim until the later of—

the end of the period within which an application for review may be brought under section 79; or

if an application for review is brought within that time, 14 days after the withdrawal or final determination of the application for review.

A certificate issued by the Committee is evidence of the matters stated in the certificate.

A certificate issued by the Secretary to the Committee which attests to the payment of a claim admitted against the Fund in respect of a motor car trader is evidence and, in the absence of evidence to the contrary, proof of a debt owed by that motor car trader to the Committee.