Don’t let vehicle salesmen drive over your rights

One of the most common complaint themes that I’m asked about involves car trouble. Over two million new cars were sold in the UK last year. Used car sales are even higher, with estimates for sales hovering between seven and eight million vehicles.

When you buy a vehicle, a lot can go wrong. These issues range from cosmetic to serious problems that require significant work to correct.

However, disputes over repairs and refunds are so common I decided to visit my colleagues over at the Motor Ombudsman, so I could bring you a definitive guide to your rights.

How many complaints are made about cars and vehicles?

The Motor Ombudsman was contacted for a record 18,570 cases last year. So it’s clear that a lot of people need help with complaints about cars and vehicles. Nine in ten cases related to secondhand vehicles and claims averaged at £6,482 – so we are talking a lot of cash.

The law and your vehicle

Vehicles are covered by exactly the same laws that protect your rights when a retailer sells you goods or services.

The Consumer Rights Act – which I often mention in this column – states that when you buy a vehicle, it has to be of satisfactory quality, fit for purpose and as described.

This means that if a significant fault occurs with your vehicle – or if the vehicle has been misrepresented when it was sold to you – you can complain and get a full refund within the first 30 days of the purchase.

There’s a slight variation in your rights under the law when it comes to disputes raised over the first 30 days but within six months of the purchase. As with other things you can buy, if there’s a fault with the vehicle, you have to give the seller one chance to repair or replace it. Failing that, you can seek a refund.

However, you’ll then be given two refund options. You could go for a price reduction, meaning you keep the vehicle and get back some of the money you paid for it. If that doesn’t work for you, you can ask for a refund. However, the retailer can deduct some money for any use of the vehicle you’ve had. According to the ombudsman, this is usually calculated by looking at how many miles you’ve driven, and deducting a small sum (usually pence) for each mile driven.

Lots of the disputes I see revolve around people who want to return the car and get their money back if a problem persists.

Many complaints involve multiple returns of a vehicle to the seller as people hold out the hope that the problem will be sorted.

Some garages will claim that if the problem has run over six months you can’t get a refund. This isn’t the case. The fact of the matter is the clock stops ticking on the timescales when you report the problem. If you’ve given the seller multiple chances to sort things out, you don’t lose your right to return the vehicle and get a refund if the problem persists.

Another quirk in the law when it comes to vehicles is if you are seeking a full refund within the 30 days or six months, you’ll need to demonstrate that the car wasn’t fit for purpose, as described or of satisfactory quality. You may need to get an independent technical report to do this. The Motor Ombudsman has a guide to this on their website.

Of course, no one wants to find themselves in this situation, so do a bit of research before you buy. But if something goes wrong, let the seller know that you are fully aware of all of your rights!

Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. Read more articles by Martyn at this link.​