24/01/2014
Finding yourself with a faulty car can be incredibly frustrating, whether it's a brand-new vehicle that isn't quite right or an older model developing unexpected and costly issues. For over 40 years, What Car? has been dedicated to helping consumers secure a fair hearing from car manufacturers, dealers, and garages across the UK. We've compiled our extensive knowledge and insights, alongside the specifics of recent developments in consumer law, to create this comprehensive guide. The good news is that new legislation has significantly strengthened your rights as a consumer – and knowing how to leverage them is key to resolving problems swiftly and effectively.
Our aim is to empower you, the car owner, with the information needed to tackle any vehicle-related complaint with confidence. From the moment you identify a problem, to understanding your legal standing and knowing the correct channels for escalation, this guide will walk you through the process, ensuring you're well-equipped to achieve a satisfactory resolution.
Solving a Problem Quickly: Your First Steps
The nature of your car problem can vary wildly. Perhaps your gleaming new car was delivered in the wrong colour, a seemingly minor but significant detail when you've invested heavily. Or maybe you've just picked up your cherished vehicle from a service, only to discover a fresh scratch running down its side. In more severe cases, your car might have broken down just outside its warranty period, presenting you with a daunting four-figure repair bill for what seems like an inherent fault. Whatever the specific issue, your primary goal should always be to resolve it as quickly and efficiently as possible.
The most effective initial step is to make a face-to-face complaint as soon as you can. This direct approach makes it significantly harder for someone to ignore your concerns compared to a phone call or an email. When presenting your complaint, remember to be assertive but crucially, keep your anger in check. Your objective is to persuade the person listening to your complaint to assist you, not to alienate them. A calm, factual, and polite approach often yields the best results. Clearly articulate the problem, when it occurred, and what resolution you are seeking. Bring any relevant documentation, such as receipts, service records, or photographs of the fault.
The Power of Documentation
Before you even step foot into the dealership or garage, gather all relevant documentation. This includes:
- Your purchase invoice or sales contract.
- Any warranty documents.
- Service history records.
- Photographs or videos of the fault.
- Dates and times of any previous communications regarding the issue.
- Details of anyone you've spoken to.
The more evidence you have to support your claim, the stronger your position will be. Keep a log of all communications, including dates, times, names of individuals spoken to, and a brief summary of the conversation. This paper trail can prove invaluable if the complaint needs to be escalated.
Understanding Your Consumer Rights: The Legal Framework
In the UK, the Consumer Rights Act 2015 (CRA) is the cornerstone of your protection when purchasing goods and services. This vital piece of legislation ensures that goods must be of 'satisfactory quality', 'fit for purpose', and 'as described'. These principles apply to both new and used cars bought from a dealer, and also to services like repairs and servicing.
Key Rights Under the Consumer Rights Act 2015:
The CRA provides tiered rights depending on how long you've owned the vehicle:
- Within 30 Days: The 'Short-Term Right to Reject'
If a fault develops within 30 days of purchase, and the car is not of satisfactory quality, fit for purpose, or as described, you have the short-term right to reject the vehicle and claim a full refund. This is a powerful right and can be exercised even if the dealer offers a repair. - Within Six Months: Right to Repair or Replacement
If a fault emerges after 30 days but within six months of purchase, you must give the dealer one opportunity to repair or replace the vehicle. If the repair is unsuccessful, or if a replacement is not possible or suitable, you can then claim a refund. In this period, it's assumed the fault was present at the time of purchase unless the dealer can prove otherwise. This shifts the burden of proof onto the dealer, which is a significant protection for you. - After Six Months: Burden of Proof Shifts
For faults that appear after six months from the purchase date, you still have rights, but the burden of proof shifts to you. You'll need to demonstrate that the fault was present at the time of purchase and wasn't caused by wear and tear or misuse. This often requires an independent inspection report, which can be an added expense, but is often necessary to pursue your claim.
The CRA also covers services, such as car servicing or repairs. These services must be carried out with 'reasonable care and skill', at a 'reasonable price' (if not agreed beforehand), and within a 'reasonable time'. If a service hasn't met these standards, you have the right to have it re-performed or to a price reduction.
Table: Your Rights Under the Consumer Rights Act 2015
| Time Since Purchase | Your Rights | Burden of Proof |
|---|---|---|
| 0-30 Days | Short-term right to reject for full refund. | Assumed fault present at purchase (dealer must disprove). |
| 30 Days - 6 Months | Right to repair or replacement. If unsuccessful, then refund (can be partial). | Assumed fault present at purchase (dealer must disprove). |
| 6 Months + | Right to repair or replacement (if possible). Potential partial refund. | You must prove fault was present at purchase. |
Beyond the Warranty: Addressing Faults
One of the most disheartening scenarios is when a significant fault develops just outside the manufacturer's warranty period. Many consumers mistakenly believe that once the warranty expires, they have no recourse. However, this is not necessarily true, especially for major components that are expected to last longer than the warranty period.
Under the Consumer Rights Act 2015, goods must be of 'satisfactory quality' and 'durable'. This means they should last for a reasonable period, taking into account the price paid, the age of the vehicle, and its expected mileage. If a major component fails prematurely due to an inherent manufacturing defect shortly after the warranty expires, you may still have a claim against the dealer under the 'durability' aspect of the CRA. This is where an independent report confirming the defect is crucial.
Once you've tried to resolve the issue directly with the dealer or garage, and if you haven't received a satisfactory response, it's time to consider escalating your complaint. The specific channel depends on the nature of your problem.
Complaining About a Car Dealer or Garage
- Direct Complaint (Written): If face-to-face fails, follow up with a formal written complaint (email or letter). Clearly state the problem, your desired resolution, and give a reasonable deadline for a response (e.g., 14 days). Keep a copy.
- Alternative Dispute Resolution (ADR) Schemes: Many businesses are members of ADR schemes, which provide an impartial way to resolve disputes without going to court. The Motor Ombudsman is a well-known example for the automotive sector. They offer free, impartial advice and can mediate or arbitrate disputes between consumers and businesses subscribed to their codes of practice. Check if the dealer or garage is signed up to an ADR scheme.
- Trading Standards: While Trading Standards won't typically intervene in individual disputes, they can offer advice and may investigate businesses if there's a pattern of non-compliance with consumer law. Reporting to them helps build a picture of rogue traders.
- Small Claims Court: As a last resort, you can pursue your claim through the Small Claims Court. This process is designed to be accessible to individuals without legal representation for claims up to £10,000 in England and Wales.
Specific Complaint Scenarios:
The process for complaining about specific services, such as breakdown assistance or a mobile mechanic, often involves dedicated channels:
- UK and European Breakdown Related Complaints: For any issues concerning your breakdown experience, such as slow response times, poor service, or unresolved mechanical issues post-breakdown, you'll typically need to contact the breakdown provider directly via their dedicated complaints procedure. This usually involves completing an online form or sending a detailed letter outlining the incident.
- Membership Related Complaints: If your complaint relates to how your breakdown or other automotive policy was sold or managed (e.g., mis-selling, issues with renewals, or incorrect policy details), you should direct your complaint to the customer service or membership department of the relevant organisation. They will have a specific process for handling policy-related grievances.
- Mobile Mechanic Complaints: Complaining about a mobile mechanic experience follows a similar path. If the work carried out was substandard, caused further damage, or was not completed as agreed, you should compile all evidence (invoices, photos of the work, communication logs) and submit a formal complaint directly to the mobile mechanic's company. Many reputable mobile mechanic services will have a dedicated complaints form or email address for such issues. If they are part of a larger network or association, that body might also offer a mediation service.
- Business Breakdown Related Complaints: For issues pertaining to business breakdown cover, the complaint process will be tailored to corporate clients. This often involves contacting a dedicated business accounts team or a specific department responsible for commercial policies.
- Insurance Complaints: Any complaint concerning your motor insurance policy – whether it's about a claim settlement, policy terms, or customer service – should first be directed to your insurance provider's complaints department. If you are not satisfied with their final response, you can then escalate the complaint to the Financial Ombudsman Service, which is an independent service for resolving disputes between consumers and financial businesses.
- Legal Helpline Related Complaints: If your complaint is about services received from a legal helpline or accident care service, you should address it to the provider of that service. They will have a specific complaints procedure, often involving a senior manager or a compliance officer review.
Frequently Asked Questions (FAQs)
What if the dealer refuses to help or claims the fault is due to wear and tear?
If the dealer is uncooperative, especially within the first six months, remind them of their obligations under the Consumer Rights Act 2015. If they still refuse, consider obtaining an independent inspection report to prove the fault was present at the time of purchase. With this evidence, you can then escalate to an ADR scheme like the Motor Ombudsman or pursue a Small Claims Court action.
Can I reject a used car?
Yes, the Consumer Rights Act 2015 applies to used cars just as it does to new cars, provided you bought it from a dealer. The standard of 'satisfactory quality' for a used car will take into account its age, mileage, and price. You have the same rights to reject, repair, or replacement based on the timeframes.
How long do I have to complain about a faulty car?
Under the Consumer Rights Act 2015, you have up to six years to make a claim in England and Wales (five years in Scotland) from the date of purchase, although proving the fault was inherent becomes much harder after six months.
What if the fault is just outside the warranty period?
As discussed, even if a fault appears just outside the warranty, you might still have a claim under the 'durability' aspect of the Consumer Rights Act 2015, especially for significant components. An independent expert report will be crucial to support your claim that the part should have lasted longer.
What's the difference between a repair and a replacement?
A repair means the dealer fixes the existing vehicle to rectify the fault. A replacement means the dealer provides you with another vehicle of the same make and model, and of similar age and condition. Under the CRA, within the first six months, the dealer gets one opportunity to either repair or replace. If neither is successful, or if replacement is not practical, you can then seek a refund.
Dealing with a faulty car can be a significant challenge, but understanding your rights and following a clear process can make a substantial difference. Remember, you are protected by strong consumer laws in the UK. By being prepared, assertive, and knowing when and how to escalate your complaint, you stand the best chance of achieving a fair and satisfactory resolution to your vehicle troubles.
If you want to read more articles similar to Faulty Car? Your UK Consumer Rights Explained, you can visit the Automotive category.