New and Used Car Sales

How do I resolve a problem with a garage or dealer?

In the first and foremost, you should approach the garage or dealership and raise your concerns with them directly. It is okay to raise it with them verbally first but if you find you are not getting anywhere, you should ask the garage / dealer for their in-house complaint process. You should submit a formal complaint in writing and ask them to respond within 14 days. If they do not respond, you should follow this up with them. If you are submitting a letter by post, it is usually advisable that you send the letter via recorded delivery to make sure they receive it.

If it has been, eight weeks and they have not responded, you can refer the complaint to TMO for an independent review. If they respond but you are unhappy with their response, you can refer the complaint to TMO. You should ask for their response in writing and provide a copy of this response to us, with your complaint form.

How do I get compensation from a car manufacturer?

The only contractual relationship you share with the manufacturer is one of warranty. This recognises you as the consumer (recipient) and the manufacturer as the warranty administrator. The manufacturer has an obligation to cover the repair costs of faults that fall under the warranty, as limited by the terms and conditions of the warranty agreement. Under, the warranty they are exempt from all other claims of consequential loss – such loss will generally fall to the party, which sold you the car and is therefore contractually liable for the quality of the car provided to you.

Finally, should you believe you have a claim in negligence against the manufacturer then you should contact the Citizens Advice Bureau on 0345 404 0506, for some guidance on your legal rights because negligence claims fall outside of The Motor Ombudsman’s remit.

How do I complain about my car?

If you encounter an issue with your car, it is important to understand who to complain to, and what your rights are as a consumer.

Once you know who your complaint is with, you should inform the business about the problem with your car in the first instance before contacting a dispute resolution provider, such as The Motor Ombudsman.

You must then provide them with a reasonable opportunity to resolve the issue according to their own complaints procedure.

If the business is accredited to one or more of The Motor Ombudsman’s Codes of Practice, you can find out how to submit your dispute here.

There are different types of issues that may be the source of complaints about your car:

How do I complain about an issue with a used car?

If you have bought a used car, and a fault develops within the first 30 days, you may have the right to return it and receive a full refund. After this period, and if there is a problem, you may still be able to get a repair or replacement. For more information about what to do if you have an issue with your used vehicle, and your consumer rights, click here.

How do I complain about an issue with a new car?

If a fault develops after buying a new car, you may able to make a claim under the manufacturer’s warranty, or your consumer rights.

If you have a new car problem, and would like to find out what you can do, click here.

How do I complain about an issue with my car’s servicing or repairs?

There may have been a problem with the work that has been undertaken on your car.

For example, if you suspect that the servicing or repairs have not been carried out correctly, you may be entitled to a repeat repair or up to a full refund.

For more information, please click here.

How do I complain about an issue with my car’s extended warranty?

Purchasing an extended warranty for a car offers peace of mind against costly repairs.

However, you may experience issues relating to:

• Making a claim for a wear and tear item, such as brakes or tyres;
• The fact that you may feel the policy may have been mis-sold;
• The fact that you may think the terms of the policy are unfair; and
• The choice of garage used to repair my car under warranty.

How do I complain about a rusty car?

There are a number of ways, in which you can complain about a rusty car. If your car suffers from corrosion, you may be able to make a complaint under your manufacturer’s warranty or under your consumer rights.

Warranty

If the corrosion is due to poor workmanship or parts used during the manufacturing process, you may be able to make a claim under your standard manufacturer’s warranty.

Some manufacturers offer corrosion or anti-perforation warranty, which is in addition to the standard warranty. These types of warranties cover you in instances where a main dealer has diagnosed the rust to have developed by through corrosion. An anti-perforation warranty will usually only cover corrosion, which begins from the inside of the metal, moving to the outside of the metal and is not caused by any external influences.

Therefore, if your vehicle only suffers from surface corrosion then this will usually not be covered by you anti-perforation warranty.

You should follow the warranty process as set out in the terms and conditions of your warranty.

Your consumer rights

If the corrosion is an inherent fault, which was present at the point of sale you may be able to make a claim against your seller. Please note that if a reasonable person would have noticed the corrosion at the point of sale but you failed to do so, then it will be seen as though you accepted this vehicle with the corrosion, at point of sale.

If you wish to make a complaint about the corrosion on your vehicle then you should contact the seller to raise this fault.

Follow their in-house complaints procedure in order to provide the business with a reasonable opportunity to resolve the issue.

If you are unhappy with the final response of the business or more than 8 weeks has passed since raising the complaint with the business then you may escalate the complaint to The Motor Ombudsman for further investigation.

I have paid a deposit for a new or used car. Can I get my money back?

If you have put down a deposit, this implies you have a contract with the seller, so it is unlikely that you will be able to get it back, as there is no automatic right to a refund of a deposit.

If the terms of the contract or the terms of the deposit say that it is refundable, then this would usually be the case, so it is always worth checking the small print before you agree to the purchase or make any form of payment.

If you have simply changed your mind, or even if there is nothing wrong with the car being purchased, this is not a sufficient reason to have your deposit returned.

You will not have the automatic right to have your money back if you request this, and in the majority of cases, a deposit will be non-refundable. This is because the vehicle would have been withdrawn from sale, and in some cases, may have been  registered your name (i.e. for a new car), thereby preventing anyone else from buying it.

For more information on deposits, click here.

I have exhausted the complaint process, what can I do next?

If you haven’t found a resolution to your complaint with the business, get in touch with The Motor Ombudsman who will assess if they’re able to help you further.

However, if your complaint relates solely to the finance product sold to you, it would be best to contact the Financial Ombudsman Service.

What can I do if I have a problem with my car purchase?

You should always liaise with the seller of your vehicle in the first instance and see if they’re able to resolve things. You can contact the manufacturer as well but please bear in mind that, whilst they will try and assist you as best they can, it is the seller who ultimately has liability in this situation.

If the vehicle was purchased on finance, or your problem is with the finance itself rather than the vehicle, then you can also make your complaint to the finance company. If you’re unable to resolve the complaint, or need some guidance, contact the Financial Ombudsman. The Motor Ombudsman cannot consider a complaint about the finance company or a complaint which relates solely to the sale of the finance and/or any details about the finance agreement.

How do I deal with leasing or rental vehicle issues?

If you have a dispute about a rental vehicle or a vehicle that you are leasing, you will need to contact the British Vehicle, Renting and Leasing Association for further assistance as they operate specific Codes of Practices for those sectors.

Can I get a new car refund or replacement?

This depends on why you’re looking for a refund or replacement. Often, you can’t just change your mind about the car. There has to be a demonstrable breach of your consumer rights, and there are usually other remedies, such as a repair, that should be explored in the first instance.

This is different if the vehicle has been bought at a distance i.e. online or over the phone, without visiting a retailer, or if the retailer offers a specific guarantee above and beyond your consumer rights.

Your consumer rights

The Consumer Rights Act 2015, which came into force on 1 October 2015, says that cars sold must be of satisfactory quality, fit for purpose and as described.

Satisfactory quality is defined as the standard that a reasonable person would expect taking into account any relevant circumstances – such as the age, mileage, price and condition of the car.

If you experience a fault within the first six months, the law assumes that the car was faulty at the point you took delivery of it unless the seller can prove otherwise – however, after 6 months, the burden is on you to be able to prove that the fault is due to an inherent defect or a lack of durability in the car rather than general wear and tear or an external influence. This could be through an opinion from a garage or an independent technical report.

Bear in mind that if you could have spotted the problem on a reasonable inspection of the car when you took delivery of it, you won’t be able to then complain about it – this could be something like a scratch on the paintwork or that the car doesn’t have a satellite navigation. It is always advisable to test-drive a car before purchasing it and make sure you do a thorough check of everything before signing to say you’re happy with the car.

Repair, replacement or refund?

If you report a problem within the first 30 days, you will need to demonstrate that the car has failed to meet the standards required under the law.

Any issues reported outside of the first 30 days, you must allow the seller an opportunity to either repair the car or replace it, which will usually be a repair, as it’s often the most proportionate option, rather than the replacement of a car.

That’s why it’s really important to contact the seller if something goes wrong with your car, and give them the chance to help. This is because, failing to do so, may result in additional attempts at repair, rather than other remedies.

The seller has only one opportunity to repair or replace and if this fails because the same fault persists or a new inherent fault has developed, you can ask for a price reduction, which means a partial refund but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct usage, which is usually the miles you have added to the vehicle. For example, this could be a flat fee or a pence-per-mile deduction. It’s also worth checking the terms and conditions of the contract. Some sellers will specify what deductions they’ll apply in the event of a return.

I was mis-sold my car, what can I do?

If you think that your car has been mis-sold, for example you haven’t been informed about its previous history or it has more miles on the clock than you expected, you should first make a formal complaint to the seller of your vehicle detailing your reasons for why you think the vehicle has been mis-sold and what you would like them to do to put things right for you. If you’re unable to resolve the matter directly with the seller, you can then contact The Motor Ombudsman.