How to Resolve a Defective Vehicle Dispute Where the Vehicle was Bought for Personal Use
Introduction
There are few things more disheartening than the realisation that the car you have just purchased is faulty. The initial excitement of ownership quickly fades, replaced by a growing sense of frustration and anxiety. Whether you have discovered a persistent engine fault, a critical safety issue, or a series of smaller problems that spoil the vehicle, you may be feeling stressed and unsure of what to do next.
The good news is that you have powerful legal rights. We specialise in helping people just like you navigate the complexities of such vehicle disputes. This guide is designed to empower you with the knowledge to challenge a car dealer and achieve the fair outcome you are entitled to.
This article assumes that the defective vehicle has been purchased for your personal use, not any business use. If it is the latter, this article is not relevant to you as the legislative protections afforded to you would be slightly different. We would recommend in such a scenario that you review our article here.
Understanding Your Core Legal Protections
When you buy a vehicle from any business, from a large main dealer to a local independent garage, the Consumer Rights Act 2015 automatically gives you a set of crucial protections. This legislation ensures that you are not left out of pocket when a vehicle fails to meet the standards you should expect. It is vital you understand these rights, as they form the foundation of your claim.
Is the Vehicle of Satisfactory Quality?
The law requires your car to be of ‘satisfactory quality’. This is a common-sense test based on what a reasonable person would expect, considering all the relevant details of the sale. This includes the car’s age, its mileage, and the price you paid. For instance, you would hold a nearly-new, high-value car to a much higher standard than a cheap, high-mileage vehicle bought as a runaround. However, every car, regardless of price, must be safe and roadworthy. The standard of ‘satisfactory quality’ also covers the vehicle’s general appearance, its durability, and its freedom from minor defects. If a major component fails shortly after purchase, it is highly likely the car was not of satisfactory quality when it was sold.
Is the Vehicle Fit For Its Purpose?
Your new car must also be ‘fit for purpose’. This means it must be suitable for the general purpose of being a road vehicle. More specifically, if you informed the dealer about a particular reason, you needed the car, it must be fit for that specific purpose. For example, if you explained that you needed to tow a horsebox and were assured the car had the capacity to do so, but it later proves inadequate, it is not fit for your particular purpose. This creates a clear breach of your consumer rights.
Was the Vehicle As Described?
Finally, the vehicle must be ‘as described’. The car you receive must match the description given in the advertisement, in the documentation, and in any verbal statements made by the salesperson. If the advert promised features like satellite navigation, a panoramic sunroof, or a full-service history, and these are missing, the vehicle is not as described.
Your Timeline for Action: The First 30 Days and Beyond
The timing of when a fault appears is critical to the type of remedy you can claim. The law provides a clear, tiered system that gives you the most power in the initial period of ownership.
Your Short-Term Right to Reject: The Critical First 30 Days
If you discover a fault with your car within the first 30 days of taking ownership, you have the ‘short-term right to reject’ it. This is your most powerful right. It allows you to return the car to the dealer and demand a full refund. You do not have to give the dealer a chance to repair the vehicle; you can simply reject it. To exercise this right, you must act quickly and inform the dealer of your decision clearly and without delay.
Your Right to a Repair or Replacement: After 30 Days
If a fault comes to light after the 30-day period but within the first six months, your position remains very strong. During this time, the law presumes that the fault was present when you bought the car, unless the dealer can prove otherwise. This is a crucial advantage known as the ‘reversed burden of proof’. It means you do not have to prove the car was faulty at the point of sale; the dealer has to prove it was not.
In this timeframe, you must give the dealer one opportunity to either repair or replace the vehicle. You can state your preference, and the dealer must comply unless your choice is impossible or would be disproportionately costly for them. Any repair must be completed to a satisfactory standard, within a reasonable time, and at no cost to you. After one failed repair attempt within six months, you may use your ‘final right to reject’ the vehicle and claim a full or partial refund. If you’ve used the car significantly, the refund may be reduced to reflect usage.
Even after six months, you can still bring a claim within six years, but the burden of proof shifts. You will need to prove the fault was present at the time of sale.
How to Formally Complain to the Car Dealer
Your first step should always be to formally notify the dealer of the problem. While it is fine to call them, you must follow this up with a formal communication in writing, such as an email or a letter sent by recorded delivery. This creates a vital record. Your letter should set out the facts clearly: your name and address, the vehicle details, the date of purchase, and a full description of the fault. You should state that you believe the vehicle is not of satisfactory quality (or fit for purpose/as described) under the Consumer Rights Act 2015 and detail the remedy you are seeking. Always keep a copy of any correspondence you send and receive.
The Importance of an Independent Expert Report
If the dealer disputes your claim or offers a solution you are not happy with, you will need to strengthen your case with objective evidence. The most persuasive evidence you can obtain is an independent expert report from a qualified mechanic or automotive engineer. This report will detail the vehicle’s faults and, crucially, will provide a professional opinion on whether the issues likely existed at the time you bought the car. This impartial assessment can be instrumental in forcing the dealer to take your complaint seriously and is essential if you later need to take the matter to court.
The Letter Before Action: Your Final Warning
If the dealer continues to ignore you or refuses to offer a fair resolution, the next formal step is to send a ‘Letter Before Action’. This is a legal document required by the courts before you can start proceedings. It notifies the dealer of your intention to issue a court claim if the dispute is not resolved by a final deadline. This letter should summarise your case, attach your expert report, and clearly state the financial compensation you are seeking. Often, the seriousness of a Letter Before Action is enough to prompt a settlement offer.
Considering Alternative Dispute Resolution (ADR)
Before going to court, you should consider ADR. Services like The Motor Ombudsman offer a way to resolve disputes without a formal court hearing. If the dealer is a member of such a scheme, an independent adjudicator can review your case and make a binding decision. This can be a quicker and less expensive route to a resolution.
Issuing a Court Claim
For claims with a value up to £10,000, your final option is to issue a claim in the County Court, which will typically be allocated to the small claims track. This process is designed to be less formal than other court tracks, but it still involves strict procedures and deadlines. Presenting your case clearly and effectively is key to success, and while you can represent yourself, legal guidance can be invaluable.
What If You Bought the Car on Finance?
If you used a finance product like a Hire Purchase (HP) or Personal Contract Purchase (PCP) agreement, you have an additional, very powerful avenue. The finance company can be ‘jointly and severally liable’ with the dealer for the condition of the vehicle.
This means the finance company has the same legal responsibility to you as the dealer. You can, therefore, make your claim directly against the finance company, which is often a larger, more regulated entity that is more inclined to resolve a valid dispute efficiently.
Conclusion & How We Can Help
The law surrounding the Consumer Rights Act 2015 is complex, and the decision to dispute a defective vehicle purchase can be emotionally draining. Discovering your new car is faulty or not as described can spark difficult and long-running disputes. Whether you are a consumer who has been sold a faulty car, or a dealer responding to a complaint, legal clarity is essential. We’re here to help.
If you require help, we offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).
Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708 640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.
*VAT is charged at 20%
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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.