Buying a car can be a large outlay, whether it is simply used to run you to and from work, to safely carry your family, or even a fun weekend car and when you buy one, you trust the dealer to sell you a car that will be safe, reliable and free from defects; after all, dealers should know all about cars.
However, sometimes things go wrong, and you are literally left holding the pieces, whilst the dealer gives you the cold shoulder, denying any responsibility.
However, a consumer, you are protected by the Consumer Rights Act 2015 (“the Act”), regardless of whether the dealer had a written contract or not. In fact, dealers cannot exclude certain terms from the purchase contract. Terms which cannot be excluded include that the vehicle must be:
You can read further guidance about what rights you have as a consumer buying a car on our Faulty Car Rights page.
If your car purchase has gone wrong and the dealer is either refusing to refund or repair the car, we now offer a fixed fee structure to help you enforce your rights under the Act.
Our fixed fees* for vehicle disputes are conditional on receiving:
*Excludes any disputes involving finance or business to business contracts, which would be undertaken at our hourly rate.
We ask for this information before we enter any correspondence with the dealer to ensure that you do not waste time or money on what might turn out to be a fruitless case because we didn’t have this information at the outset.
If having reviewed the information we have asked for, we conclude that you do not have prospects of success, at that point we shall advise you accordingly, and charge at our hourly rate, up to a maximum of £200 plus VAT. Ultimately this step can save you unnecessary legal costs. Should you wish to continue your claim against our advice, it will proceed on the fixed fees below.
Drafting an initial letter to the dealer setting out the issues with the car and either rejecting the car or demanding repairs under the Act – £75 plus VAT.
Drafting letter before action in the event the dealer does not respond – £300 plus VAT.
Should the dealer not respond to the letter before action, the next step would be issuing the claim**:
**Court fee not included.
If the dealer fails to respond to the claim, we can ask the Court to give Judgment on the matter and if successful, enforce the Judgment if the dealer fails to pay. Our costs for enforcements are:
If the dealer disputes the claim, our fixed fee structure will drop away and our hourly rate will apply. In this event, we shall do our best to advise you of the potential costs, and risks of continuing litigation.
For more information regarding a vehicle dispute please contact complete our online enquiry form here, selecting Vehicle Dispute.
If within 30 days of purchase you have found there is a fault, you have the right to reject the car and ask for a full refund. However, the car must either be not fit for purpose, not of satisfactory quality, or not as described. You will also have the burden of proof showing that the car was one of these. You cannot simply say that the car is ‘making a funny noise’ or doesn’t run how you would like it to. You need to show there is something wrong with it, or that it was not as described.
After the first 30 days from purchase, you will need to contact the dealer, raise the issue and give the dealer the opportunity to repair or replace the car. This must be done in a reasonable time and at little inconvenience to you. If the dealer is unable to repair or replace the car, then you can reject the defective car and ask for refund, less a reasonable amount for mileage. If the dealer does provide a repair but the repair proves unsuccessful, you can then reject the car.
Unlike the burden of proof being on you to prove the defect in the first 30 days, between 30 days and 6 months, the burden of proof will be on the dealer to prove that the fault was not present at the time of purchase.
As before, if there is a defect with the car (ie it is either not fit for purpose, of satisfactory quality, or as described), the dealer must be given the opportunity to repair or replace the car before you can reject it. The main difficulty after 6 months of ownership though, is that the burden of proof again flips back to the buyer. It will be for the buyer to prove that the defect was present at the time of purchase, which can often be a difficult task. It is often useful to have a proper mechanic’s report undertaken, with photographs of the issues in hand before approaching the dealer.
Within the first 30 days, as long as you provide evidence of the defect, the dealer should not refuse the rejection. To avoid potential issues in this respect however, especially if the defect is not obvious, we advise that you document the issue thoroughly and obtain a mechanic’s report if possible. Once you have evidence of the defect, it would be prudent to allow the dealer the opportunity to inspect the car themselves.
It very often is the case that dealers will refuse to accept the rejection of the vehicle, either on grounds that they do not acknowledge the defect, or they simply do not understand their obligations in consumer law.
If the dealer is refusing to engage, there are a number of options you can take, for example raising a complaint with the Motor Ombudsman, who will investigate the matter and provide arbitration if required. Unfortunately many dealers are not accredited with the Ombudsman, so they will be unable to investigate and help resolve the matter.
If the Motor Ombudsman is unable to help, the next step would be to send the dealer a letter before action, setting out the reasons you are demanding a rejection, repair or replacement, and their obligations under consumer law. If the dealer does not respond to this then a claim can be issued for either the cost of repair or replacement, or the value of the vehicle if you want to return it.
We can help with contacting and liaising with the dealer in an attempt to bring a resolution to the matter, or if things are not resolved amicably, with bringing a claim against the dealer. Please contact us for further information and potential costs.
Unfortunately, this is not set out in the Consumer Rights Act 2015, so often ends in an argument as to what should be deducted. At times the dealer may have a clause in their contract as to what they will charge, with some stating 75p per mile. You might argue that this is not reasonable under consumer law, but the dealer may counter this, stating you agreed these terms when buying the car.
Many dealers use the HMRC figure of 45p per mile, but this takes into account tax and insurance, which you will have paid, not the dealer.
Therefore, depending on the mileage done, the age and condition of the car, we can often reach an agreement with the dealer as to an appropriate figure for reasonable mileage.
If you have not yet bought a vehicle, ask the dealer before you enter the contract what mileage deduction they would expect and try to agree an amount on the paperwork before signing.
Unfortuantely we cannot advise you on how to find a perfect car, but there are steps you can take to make sure that you will either not need to repair or reject the car, or if you do, that you are in the best position to do so.
When inspecting the car before purchase, take photos of the condition, mileage and service book.
Check that the car matches the advert. For example, if it says it has a full service history, check it against the manufacturer’s recommended schedule.
If the advert states the car is ‘pristine’ or ‘immaculate for its age’ as them what they mean by this and note it down on the paperwork before purchase. Then if something appears (for example there is evidence it has been in an accident) you may potentially raise the fact it was misdescribed.
Get the car checked by an independent mechanic before purchase. Whilst it may seem expensive, this can often raise any potential issues that are not obvious, and save a lot of money in the long run.
Ensure the dealer understands their obligations under the Consumer Rights Act 2015, and try to agree what they will charge per mile in deductions if something does go wrong.
Having a warranty does not extinguish your rights under the Consumer Rights Act 2015. If there is a defect that can or is agreed to be repaired, then the dealer may still be responsible (depending on the defect, time since purchase, etc) and you may still be able to reject the car.
Often, having an independent warranty simply gives you the option to have the car fixed at a garage closer to you, or by an independent mechanic, which can make things simpler.
Unfortunately, when buying a car from a private seller you have fewer rights. Should the vehicle be faulty you will need to show that the seller misdescribed it, and if you are successful in this you may be able to either rescind (undo) the contract, or seek damages.
For more information on misrepresentation, please see our blog post on False Statements.
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