17/08/2018
When embarking on the significant purchase of a vehicle, particularly from a specialist dealer like Prestige Diesels & Sports Limited, it's crucial for consumers to be aware of their fundamental statutory rights. These rights are enshrined in law to protect you, the buyer, ensuring a fair transaction and providing recourse should issues arise. While the provided information highlights that Prestige Diesels & Sports Limited is authorised and regulated by the Financial Conduct Authority (FCA) under FRN 672513, and that finance is subject to status, this pertains to the financial aspects of the purchase. This article will delve into the broader statutory rights that apply to all car purchases in the UK, regardless of the specific dealer, and how they ensure you receive goods that are of satisfactory quality, fit for purpose, and as described.
Understanding Your Statutory Rights
The cornerstone of consumer protection in the UK is the Consumer Rights Act 2015. This pivotal piece of legislation consolidates and clarifies your rights when buying goods and services. For car buyers, this means that any vehicle you purchase must meet certain key criteria:
1. Goods Must Be of Satisfactory Quality
This is perhaps the most important statutory right. A car is considered to be of satisfactory quality if it meets the standard that a reasonable person would consider satisfactory. This takes into account any description of the car, the price, and other relevant circumstances. Factors that contribute to satisfactory quality include:
- Safety: The car should be safe to drive and not pose an unreasonable risk.
- Freedom from Minor Defects: While a brand-new car might be expected to be faultless, a used car will have wear and tear. However, it should not have significant defects that are not disclosed or expected for its age and mileage.
- Durability: The car should be able to withstand normal use for a reasonable period. This doesn't mean it will last forever, but it shouldn't break down shortly after purchase due to a pre-existing fault.
- Appearance and Finish: The car's appearance and finish should be acceptable, considering its age and price.
For example, if you purchase a car and discover a major mechanical fault, such as a gearbox failure, within a short period of buying it, and this fault was not disclosed or expected, it is likely that the car was not of satisfactory quality at the point of sale. Prestige Diesels & Sports Limited, like any other reputable dealer, is obligated to sell vehicles that meet this standard.
2. Goods Must Be Fit for Purpose
This right means that the car must be suitable for the specific purpose for which it is being sold. Most cars are sold for the general purpose of transportation. However, if you specifically informed the seller that you needed the car for a particular purpose – for instance, towing a heavy caravan, or for off-road driving – and the car you bought is not capable of fulfilling that stated purpose, then it is not fit for purpose. The dealer must have been aware of your specific needs and that you were relying on their expertise and judgment.
It's vital to communicate any special requirements you have to the salesperson at the time of purchase. If, for example, you mentioned needing a car with excellent fuel economy for long commutes and the car you bought performs very poorly in this regard, you may have grounds to claim it's not fit for purpose.
3. Goods Must Be As Described
This statutory right ensures that the car matches any description given to you by the seller, whether this is in an advertisement, on a price tag, or verbally. This includes:
- Mileage: The odometer reading must be accurate.
- Age: The year of manufacture or registration must be correct.
- Features and Specifications: Any features advertised, such as air conditioning, a specific engine type, or a particular trim level, must be present and functional.
- Previous Ownership: If a car is described as having had only one previous owner, this must be true.
If Prestige Diesels & Sports Limited or any dealer misrepresents a vehicle, you have the right to expect it to conform to that description. If it doesn't, you may have a claim.
Your Remedies Under the Consumer Rights Act 2015
If a car you've purchased does not meet these statutory requirements, you have a tiered system of remedies available:
The Short-Term Right to Reject (within 30 days)
For the first 30 days from the date of purchase (or delivery, if later), you have the right to reject the car if it is faulty or not as described. This is the strongest remedy and allows you to return the car and receive a full refund. You cannot be charged for this, although reasonable use of the car may be taken into account. If the fault is minor, the dealer may offer to repair it, but you are not obligated to accept this if you wish to reject the car.
The Right to a Repair or Replacement
If you miss the 30-day window, or if you choose not to reject the car within that period, you are entitled to a repair or, if that's not possible or disproportionate, a replacement. The dealer typically has one opportunity to repair the fault. If the repair is unsuccessful, or if it doesn't fix the problem completely, you may then have the right to reject the car or claim a price reduction.
The Right to a Price Reduction or the Final Right to Reject
If a repair is unsuccessful, or if you have already had one repair attempt for the same fault and it still persists, you can claim a price reduction. This will be a deduction from the original purchase price, reflecting the diminished value of the car due to the fault. Alternatively, you may have the final right to reject the car. This right is usually exercised after a repair has failed or if a replacement is not feasible. The refund you receive may be reduced to account for the use you have had of the car.
What About Used Cars?
The Consumer Rights Act 2015 applies to both new and used cars. However, when it comes to used cars, the expectations are naturally different. A car that is several years old and has covered a high mileage will be expected to have more wear and tear than a new one. The key is whether the faults are reasonable for the car's age, mileage, and price. Prestige Diesels & Sports Limited, as a dealer specialising in performance and diesel vehicles, will be aware of the common issues and expected condition of such cars.
Key factors to consider for used cars:
| Characteristic | New Car Expectation | Used Car Expectation (influenced by age, mileage, price) |
|---|---|---|
| Minor Defects | Very few, if any. | Some minor wear and tear expected, but no major undisclosed defects. |
| Durability | Long-term reliability. | Reasonable reliability for its age and mileage; major components should function correctly. |
| History | Pristine. | Service history is important; any previous major repairs should be disclosed and well-executed. |
The fact that Prestige Diesels & Sports Limited is authorised and regulated by the Financial Conduct Authority (FCA) is significant, particularly if you are arranging finance through them. The FCA sets strict standards for financial services firms, ensuring they treat their customers fairly and provide clear, accurate information. This authorisation offers an additional layer of consumer protection concerning any finance agreements. However, it's important to remember that the FCA's regulation primarily covers financial conduct, while your statutory rights as a consumer buying goods fall under consumer protection legislation like the Consumer Rights Act 2015.
What If Things Go Wrong?
If you believe your statutory rights have been breached by Prestige Diesels & Sports Limited or any car dealer, here's a general course of action:
- Gather Evidence: Keep all documentation, including the sales contract, advertisements, and any correspondence. Note down dates, times, and details of conversations.
- Complain to the Dealer: Start by formally complaining to the dealer in writing. Clearly state the problem and what resolution you are seeking.
- Seek Advice: If you cannot resolve the issue directly with the dealer, seek advice from consumer protection organisations such as Citizens Advice or Trading Standards.
- Alternative Dispute Resolution (ADR): Many dealers are members of trade associations that offer ADR schemes, such as arbitration. This can be a less costly and quicker way to resolve disputes than going to court.
- Small Claims Court: If all else fails, you can consider taking legal action through the small claims court.
Frequently Asked Questions
Q1: What if the car breaks down a week after I bought it?
A1: If the breakdown is due to a pre-existing fault that was not disclosed, and it occurs within the first 30 days, you likely have the right to reject the car for a full refund. If it's after 30 days, you are entitled to a repair or replacement, and potentially a price reduction if the repair fails.
Q2: Does my statutory right apply if I bought the car privately?
A2: No, your statutory rights are significantly weaker when buying from a private seller. The Consumer Rights Act 2015 primarily applies to transactions between a business and a consumer. Private sales are covered by different laws, such as the Sale of Goods Act 1979, which implies that goods must be of satisfactory quality, but the recourse is more limited, and the seller must not be knowingly selling faulty goods.
Q3: Can Prestige Diesels & Sports Limited charge me for a repair if the car is faulty?
A3: Within the first 30 days, if you reject the car, they cannot charge you. If you opt for a repair after 30 days, and the fault is covered by your statutory rights, the repair should be carried out free of charge. If you choose a price reduction instead of a repair, the dealer does not pay you; you are simply paying less for the car.
A4: The FCA authorisation primarily relates to the financial services provided by Prestige Diesels & Sports Limited, such as arranging loans or finance. Your statutory rights concerning the quality, fitness for purpose, and description of the car itself are governed by consumer protection laws like the Consumer Rights Act 2015, irrespective of their FCA status.
Conclusion
Understanding your statutory rights is paramount when purchasing a vehicle. The Consumer Rights Act 2015 provides robust protection, ensuring that cars bought from dealerships like Prestige Diesels & Sports Limited are of satisfactory quality, fit for purpose, and as described. While their FCA authorisation offers assurances regarding financial dealings, your fundamental rights as a consumer purchasing a physical product remain your most important safeguard. Always keep your documentation, communicate clearly with the dealer, and don't hesitate to seek advice if you believe your rights have been infringed.
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