Dispute Resolution

What do I do if I have a complaint about The Motor Ombudsman?

Customer feedback is very important to us and, if you let us know your concerns, we can try and put things right as well as use this to learn and improve for the future.

We always want to provide the highest level of customer service to our consumers and accredited businesses – no matter what the outcome of the case.

As such, if you believe that the service provided has fallen short of your expectations, please let us know. For example:

• There have been delays with your complaint;
• You haven’t been kept updated with progress; and
• Member(s) of staff have communicated with you inappropriately.

If you’re not satisfied with how we’ve dealt with your case, the first step is to let us know what’s happened. It’s helpful for us to have your concerns in writing, but we’re also happy to discuss things over the phone. You can do so at any point whilst we’re handling the complaint, or within three months of the complaint being closed.

Please click here to read further information about how to submit a Service Complaint to us.

What is The Motor Ombudsman’s remit?

We can only consider a complaint against a business that is accredited to one or more of our Codes of Practice and have failed to uphold their commitments.

We currently only cover businesses based in the UK – however, as long as the transaction you are complaining about happening in the UK, you do not need to be a UK resident to use our service.

The areas we cover are new vehicle warranties, extended warranties, vehicle sales and service and repair.

We will be unable to consider a complaint if:

• It concerns physical injury, illness, stress/nervous shock or their consequences, criminal activity or claims of negligence;
• The award would exceed £10,000 and/or, where appropriate, the value of the vehicle; and
• A legally-binding judgement has already been made, although we may record details for monitoring purposes

We may be unable to consider a complaint if:

• I has been more than six years since the event occurred orit has been more than 12 months since you either complained to the business or received their final response;
• It has already been investigated by another ombudsman scheme or provider of alternative dispute resolution;
• You have accepted an offer in full and final settlement;
• There are no demonstrable financial losses;
• The vehicle was bought in or is registered in the name of a business, or is primarily used for business purposes; and
• We believe the complaint raises an important or novel point of law and therefore the complaint would be better considered by a court, taking into account: whether the point of law is key to the outcome of the case; the significance of the complaint for consumers and the industry; the amount at stake and possible remedies.

You can find more information about how to check if a business is accredited to one of our four codes of practice here.

How does The Motor Ombudsman’s ADR process work?

If you’ve been unable to resolve your complaint directly with a Motor Ombudsman-accredited business, either because you’ve received their final response and are unhappy with it, or haven’t received an answer at all within eight weeks of making your complaint, you can get in touch with us to raise a case.

How do I tell you about my dispute with an accredited business?

The best way to do this is to complete our short web form. This allows you to provide details about the vehicle which your complaint is about, to tell us about the reason for the dispute, and the resolution that you’re looking for from the business (e.g. money off the cost of the repair or a refund). We will also need to see a copy of the final response from the business, as well as any other documentation or evidence that’s relevant, such as photographs, sales invoices or e-mails between you and the business – we’ll ask you to provide this once we’ve confirmed we’re able to help.

Once the form has been submitted, a case file will be created on our system, and you will receive a six-digit case number from us, as well as a longer tracking reference. From this point onwards, all information will then be attached to this number so that your documents and correspondence are kept safely in one place. Make sure you use the long tracking number on any e-mails you send to us to keep everything on one case file.

How we investigate your dispute 

The next stage of the process will see our case administrators gathering information from the business so that we have both sides of the story, thereby enabling us to deliver a fair outcome based on the evidence provided.

Early resolution

Once we have all of the required evidence, we will look to see whether the case can be resolved more quickly through an early resolution, meaning that it will not need a formal review. This is normally when the business makes an offer to settle the dispute or carry out an action, like repairing the vehicle.

Mediation

Your case may be eligible for mediation, which allows both parties the space to talk and work through what has happened with a mediator, to try to reach a mutually beneficial solution, without needing to go to formal adjudication. You can find out more about this here.

Adjudication

If we have not been able to informally resolve the dispute, an adjudicator will review the entire case file from a neutral point of view and see what’s happened.

Based on the evidence provided, the Code of Practice and any applicable law, they will reach a fair and reasonable outcome and, if they think your complaint should be upheld, they will let you know what the business needs to do to put things right. For more information on the possible awards we could make, please take a look at our guide.

If you accept the adjudication outcome, and the business also agrees, and has been asked to take any remedial action – for example, repairing the car or providing you with a refund, we will ensure this is carried out before closing the case.

Final decision

If either yourself or the business disagrees with the adjudication outcome, you can request a final decision from an ombudsman.

It’s their job to review the case once again, and to look at any other information and evidence that has come to light since the adjudicator delivered their outcome. They might agree with the adjudicator, or the ombudsman might reach a different conclusion.

Whatever happens, it’s up to you, the consumer, to decide if you’d like to accept the ombudsman’s decision or not. If you accept it, it will be binding on both you and the business. If you disagree with the final decision, which is the last stage of our ADR process, you have the right to pursue your case in a court of law. In this scenario, the judge may take into account the decision(s) delivered by The Motor Ombudsman when coming to their judgment.

I need you to adapt the way you communicate with me – what can you do to help?

We are committed to making sure everyone can access our service when they need.

For further information on how we can help, please click here or if you’d like to get in touch with us, please contact us and we’ll be happy to assist.

What languages is your service available in?

All of our documents are available in English, but our teams would be pleased to work with a translator if required.

How do I get in touch with The Motor Ombudsman if I can’t find the answer or information that I am looking for on the website?

If you would like to raise a dispute with us, you may be able to find all the information you need to do this through our online form, which can be found at the bottom of this webpage.

If you would like to speak to us, please call our Consumer Contact Team on 0345 241 3008. Lines are open between 9am to 4.30pm Monday to Friday excluding bank holidays. Our phone lines can be very busy at times, but we’re doing our best to reduce wait times.

You can also write to us at:

The Motor Ombudsman Ltd
71 Great Peter Street
London
SW1P 2BN

Please note: in light of the situation with COVID-19, we are currently operating a remote working policy, which may incur some delays with processing physical documents.

What kind of award can I expect?

The Motor Ombudsman can make awards ranging from an apology to up to £10,000 compensation, or the value of the vehicle where applicable. Our goal, though, is to put you in the position you would have been in had the problem not occurred.

If the value of your complaint is over £10,000, and this is not due to the vehicle’s value, we would recommend looking to pursue it elsewhere.

You can find useful information on the type of award you can expect to receive if your complaint is upheld, in this guide.

Can I still go to court if I have gone to The Motor Ombudsman with my dispute?

Yes. If you reject an ombudsman’s final decision, you can still take your complaint to court, but they can take the decision into account when they deliver their ruling.

You and the accredited business in question may be liable for any legal fees associated with the case.

Do I need a lawyer to represent me during the ADR process?

No. Our service is intended for use without legal representation. We can work directly with you, and we’ll explain anything you’re not sure about.

If you like, we can talk to a member of your family, a friend or someone else who’s helping you – like Citizens Advice. We will just need you to put something in writing to show that you give your permission for them to discuss your complaint with us.

Within what timeframe must I submit my complaint about a business to you?

You need to contact us within 12 months of the date of the accredited business’s final response to your complaint, or from the date you made the complaint if no response was received.

How long will it take to get a resolution to my case?

How long it takes will depend on the nature and complexity of your complaint.

It could take longer if things are more complicated, or if you or the accredited business wants an ombudsman to make a final decision. If there is something which means the situation is more urgent, then please let us know and we will take those circumstances into consideration.

You retain the right to withdraw from our proceedings at any stage. However, if you do accept a final decision, it will become legally binding on both parties and you may lose your right to take the complaint elsewhere.

How will my dispute be reviewed and managed by The Motor Ombudsman?

Once we’ve got your details, one of our team members will review your complaint and decide the best way to try and resolve it. This could be through early resolution or mediation, where we look to find an amicable and practical solution to the problem. If this isn’t possible, one of our legally-trained adjudicators will:

• Review the evidence provided by both you and the accredited business;
• Find out the facts and weigh everything up; and
• Tell you and the business what they think

If we think there’s just been a misunderstanding, we’ll explain why. There may also be times where the offer already made is considered reasonable in the circumstances, or there just isn’t enough information for us to be able to make a fair decision.

If we decide you’ve been treated unfairly, or that something has gone wrong, we’ll tell the business to put things right. Any award we make will be to put you back in the position you would have been in had the problem not happened.

You don’t have to agree with what we say – at any point, you can let us know that you no longer want our help.

What happens if the business that I have a dispute with is not accredited to The Motor Ombudsman?

Accreditation to The Motor Ombudsman is voluntary, and whilst we are continually looking to increase the level of coverage provided by our Codes of Practice, there may be the possibility that a business that you have a dispute with, is not part of The Motor Ombudsman.

If this is the case, it’s worth asking the business if they are signed up to another Alternative Dispute Resolution (ADR) provider to help resolve your dispute. According to the Alternative Dispute Regulations introduced in 2015, a business, such as a garage or dealership, must signpost you to an ADR provider, and tell you if they will engage with them.

If the business does not use an ADR provider, such as The Motor Ombudsman, then you can complete our online form (at the bottom of this page) to provide information about the business and your dispute.

If the complaint falls within our remit, some helpful information and guidance will be sent to you by e-mail, which may help to encourage the business to become accredited to us and allow us to deal with your dispute.

If a business chooses not to become accredited to The Motor Ombudsman, we can point you in the direction of Citizens Advice, who may be able to assist you further.

How do I find out whether an independent garage or franchised dealership is accredited to The Motor Ombudsman?

You can find this out by entering your postcode or the name of the business into our online Garage Finder.

You can also check which manufacturers and vehicle warranty product providers are accredited by taking a look at the relevant Code of Practice page on our website. Click here for the New Car Code and here for the Vehicle Warranty Products Code.

How do I know whether The Motor Ombudsman can deal with my dispute?

We are able to help resolve your dispute, if:

You made a purchase from a business that is accredited to us.

AND

You have been through the accredited business’ in-house complaints handling procedure.

We cannot start to investigate your complaint until you and the accredited business have had a proper chance to try and resolve the problem yourselves. This means that you must have made a complaint to the accredited business, preferably in writing, and have given them up to eight weeks to provide their final answer to your complaint in writing before approaching us. Please note that you can ask us to investigate further as soon as you receive a final response from the accredited business.

AND

Your purchase was made within the last six years.

What are the key benefits of using ADR to resolve my complaint?

• ADR is a fair and impartial process, and helps to avoid confrontation and safeguard the relationship and trust, between yourself as the consumer, and the business that you have a complaint against
• In the case of The Motor Ombudsman, the entire ADR process is in-house and free of charge for you from start to finish, meaning that you can save money and stress compared to when pursuing a business through the legal system (i.e. going to court)
• ADR procedures can often be more flexible in terms of their outcome. It may therefore be possible to achieve outcomes that a court could not award, or to get a result that the parties think is fairer than that dictated by law
• The resolution of the dispute may be concluded confidentially behind closed doors, as opposed to the case being brought to a more public environment like a courtroom or being resolved across social media

When can I use an ADR provider to help resolve my complaint?

It’s always best to try and resolve any complaints directly with the business and keep the channels of communication open to achieve this. However, if this is not possible, and you have given the business up to eight weeks to provide their final response, you can then get in touch with an ADR provider, such as The Motor Ombudsman. The business should provide their details in the final response, and it’s best to ask for this to be in writing.

How do I know whether a business has appointed The Motor Ombudsman as its ADR provider?

Any business accredited to one or more of our four Motor Industry Codes of Practice should either have information about their accreditation on display at their premises, where that’s possible, or be available on their website. On some occasions, a digital ‘Smart Badge’ on the business’ website will show the status of their accreditation to The Motor Ombudsman (i.e. whether it’s active or not). Similarly, all businesses listed on our website, such as vehicle manufacturers, and vehicle warranty product providers, and on our online Garage Finder will be accredited to us.

You can also ask for the complaints policy of the business, as this should include details of their appointed ADR provider, such as The Motor Ombudsman, and similarly, this information should be made available when you receive a final response to your complaint.

However, it’s important to note that the current ADR Regulations only require a business to direct consumers to their preferred ADR provider; they don’t have to use one to help resolve the dispute. A benefit of using a business that’s accredited to The Motor Ombudsman, is that they have agreed to participate in our dispute resolution process in the event of a complaint.

If a business, such as an independent garage or car dealership, has not appointed an ADR provider, we recommend that you contact Citizens Advice for guidance on how to progress your dispute.

What legislation oversees Alternative Dispute Resolution (ADR)?

The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 and The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, better known as the Alternative Dispute Resolution Regulations 2015, govern the ADR process in the UK. The legislation came into force on 9th July 2015 following the implementation of a 2013 European Directive on ADR.

From 1st October 2015, businesses have been required to supply consumers with the details of a certified ADR provider, and inform them as to whether they intend to use them to help resolve a dispute.

Businesses should actively sign up to be part of an ADR body, such as The Motor Ombudsman, as this demonstrates to consumers that they are acting both transparently and fairly.

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR) is a method of resolving a dispute fairly between consumers and businesses without having to go through the legal process, often making it quicker, cheaper and simpler than going to court. ADR is governed in the UK by a set of regulations which came into force on 1 October 2015.

At The Motor Ombudsman, we want to resolve every complaint as quickly and as amicably as possible, so we will always look to see if it’s possible to resolve the issue without the need for the case to be passed on to an adjudicator. This may be through early resolution, for example when the business makes an offer to settle the dispute, or through mediation.

If, however, we can’t resolve a complaint this way, we use the process of adjudication, which is where an impartial adjudicator reaches a decision (i.e. in favour of the consumer or business or even a split outcome in some circumstances), by evaluating the evidence supplied by both parties against the standards set by our Code of Practice and, where relevant, the law.