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Money Refunds.org.uk

FREE Practical Advice and Tips on how to get money back, replacements, credits, compensation and more for poor service and shoddy goods across the UK  

Motor Vehicles

see also Warranties and Insurance

A major source of complaint and trouble is the motor vehicle which can cover a variety of transport ranging from scooters through to commercial trucks, however the motor car comprises by far the largest volume. Information here can, in the main relate to all types of vehicles as the general principals are the same.

There are 3 ways sales are normally conducted

1. New vehicles bought from a franchise dealer

2. Used vehicles bought from a dealer

3. Used vehicles bought privately

The most risky is a private purchase which carries little real protection for the buyer so it is very much "let the buyer beware" here, most deals you buy "as seen" so inspection of the vehicle is the most critical aspect. Price values can range from a few hundred to many thousands so for the dearer vehicle an independent inspection by a motoring organisation or inspection service may well be worth the investment. The seller may agree to split the cost of inspection with you, more enterprising sellers commission their own and make it available to buyers.

Many sellers like a bill of sale to be signed with the terms "sold as seen" written up which ends your right to make any claim if the vehicle turns out to be duff. Even if the vehicle proves bad you may have little choice but to sue for recompense and then the chance of success limited.

Used cars sold via dealers tend in the main to be sold in value groups with many dealers handling lower priced vehicles only. Most are usually sold with some form of warranty or guarantee often 3 months, and offering longer "extended warranties" for major components, commission to the garage on these are high, but benefits limited and include allowances for "fair wear and tear" small print can mean a £500 claim gets you a £100 payment. Although many of these dealers are reputable many are tagged "Arthur Daley's" a rogue car salesman from a TV program - the key here is value and quality, many with huge mileages. Again inspections may be useful but the cost v vehicle value often deters this as practical.

A further strata of dealer handles good quality cars, usually from main franchise dealers taken as trade ins or ex lease/rental or from a trade auction where history may be unclear - quality and value is greater but again many are overpriced for quality.

Franchised dealers often sell used vehicles as a one owner having taken a trade in against a new vehicle, maintaining cars just a few years old they off load old vehicles to used dealers as above. Values and quality are much higher, and in essence the dealer being franchised maintains a good reputation in a competitive market.

Remember 12 months road tax and an MOT are no guarantee of vehicle quality or reliability, they are sales tactics !!!

How do you react when a vehicle has problems and how do you claim?, use this simple check list to review the best course of action

• Who did you buy it from, when and for how much?

• What guarantee or warranty exists, is it still valid, what does it cover?

• How was the vehicle described when you bought it and how?

• What are the faults and when did they start to be noticed?

• How many miles had you used the vehicle for when problem occurred?

• Did you road test the vehicle before buying?

• If so did you take someone else with you?

• Was there an independent inspection, is so by whom and when?

• If so did it mention or highlight the element which is causing problems?

• Have you drawn the sellers attention to the faults?

• If so what have they said?

• Is this the first time there has been cause to complain?

• Has any offer or assurance of repair/replacement been made?

Become proactive to get things done

• List out the faults in writing as well as mileage covered and when first experienced

• Set out what you want to achieve

  • Get seller to take vehicle back and refund money

  • Make good the defects by repair (still old parts)

  • Make good the defects by replacement (new for old)

  • Pay compensation for loss of time/trouble/other transport, this is the most difficult aspect to claim, as the seller is usually obligated to put right the vehicle and not pay for consequential losses, although there may be circumstances when a claim may be justified.

• Keep a diary of events, dates, times, mileages, faults

• Contact the seller with the above evidence (keep all original documents yourself) and see their views

• If they agree to repair/replace follow up to ensure this is done quickly, do not expect to pay any further monies even if asked.

• If they refuse know why, get them ideally to refuse in writing

• If they refuse check back to see if you may have been misled in some way over the terms of the guarantee or warranty or the vehicle condition.

• Check to see if they are a member of any trade association to whom you can refer the problem

• Ask to see a superior, often lower level of staff have limited authority

• Bring in an independent assessor to inspect the vehicle - if valuable. This may confirm the problem AND highlight others that are not obvious but may cause problems soon.

• Ask a friend who is perhaps more knowledge or experienced to argue your case, 2 heads are better than 1.

Still getting nowhere?

• Are you fighting a losing battle?

• Talk to trading standards office about the issue, get local office info from their web site http://www.tradingstandards.gov.uk/ and review current regulations.

• Contact the Retail Motor Industry Federation - professional body for all aspects of motor retailing: motorcycles, cars, body shop, auctions, dealers, recovery services, consumers, news, and more. www.rmif.co.uk/

• Make publicity - most garages are watchful of their local reputation, if you have a genuine complaint then make local press aware - tell the seller you are doing this, bad press may be bad for business. Be very careful what you say and how you say it, you could be sued for slander or libel if your claim is later proved invalid.

• Consider legal action only as a last resort, if you need to sue, use a solicitor and make sure you know who to sue, many cases fail as they sue the wrong person or firm - get full names of owners.

• Even if you decide to sue after trying all options the route is not quick or cheap and potentially risky.

Remember a vehicle you buy must be "fit for its purpose" if it keeps breaking down it is clearly not - if the paint flakes off this may not look nice but may not detract from being fit in a mechanical sense.

Web sites

http://www.vosa.gov.uk/vosa/  VOSA is the merger of the Vehicle Inspectorate (VI) and the Traffic Area Network (TAN) division of the Department for Transport. We have approximately 2,500 staff, 1,700 of which are based at our operational locations across Great Britain. The aim of the agency is to contribute to the improvement of the road safety and environmental standards, and to the reduction of vehicle crime. VOSA?s customers include:

• The Road Haulage and Public Service Vehicle (PSV) industries;

• Trade associations;

• Vehicle manufacturers;

• MOT garages; and

• The public.

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