Knowledge Base

What help can TMO provide if I need additional support?

We understand that everyone’s needs are different, and some people may need more support than others when trying to resolve a dispute. We also recognise that not all disabilities or needs are visible, and we are committed to providing consumers with tailored support. Examples of reasonable adjustments could include:

• Asking us for documents in large print;
• Only communicating with us by phone; and
• Working with a representative to help you with your dispute.

If there is a reason why you think we should be prioritising your complaint – for example, you’re in severe financial difficulty, suffering from ill health, have a disability, or are in a vulnerable position, please let us know, and we will take that into consideration.

You can read The Motor Ombudsman’s Vulnerability Charter here.

If you have a complaint about a business, for example following work you have had carried out on your vehicle, you need to ensure that you have given them a chance to resolve your issue first.

If you are unsure as to how to submit your complaint, it is worth asking the business for their complaints process to ensure that your concerns are going to the right place.

Explain what’s happened and let them know how you would like things to be put right, preferably in writing. The business then has eight weeks to give their final answer to your complaint but can respond at any point within this period.

If you’re not happy with the response from the business, or don’t receive one at all after waiting eight weeks, you can submit your case for us to look into. The business that you have a dispute with must be accredited to The Motor Ombudsman.

Accredited businesses are listed on this website as follows:

• Independent garages, bodyshops, repairers and franchise car dealerships accredited to the Service and Repair and / or the Vehicle Sales Codes are listed on our Garage Finder.
• Vehicle manufacturers (OEMs) accredited to the New Car Code can be found here.
• Vehicle warranty providers accredited to the Vehicle Warranty Products Code can be found here.

How long will The Motor Ombudsman’s dispute resolution process take?

How long our process takes will depend on the nature and complexity of your complaint. When you first send us information about your unresolved dispute with a business, you should hear back from us within five working days to let you know whether we have accepted your case (e.g. this will depend on whether the business is accredited to us, and whether your dispute falls within our remit as an Ombudsman).

If we have accepted your case, we will need to make sure that we have all the information we need to make a decision. On the receipt of a complete case file, which includes all the evidence from the consumer and the business, we will usually issue an adjudication within 90 calendar days.

For more information about our dispute resolution process and current timescales, please click here.

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.

Can I get a deposit refund for a car bought at a distance (i.e. online or over the phone)?

For sales at a distance (i.e. when a car is sold over the phone or internet without the customer ever visiting a business’ premises), then the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have the right to a 14-day cooling off period and to have your deposit back during this time if you decide to cancel for any reason – you are not obliged to give a reason when asking for a refund in this scenario.

For more information about distance sales, click here.

What happens if I have put down a deposit, but the business pulls out of the sale?

There are some exceptions where you may be entitled to get your deposit back, such as if the vehicle manufacturer is unable to supply the car due to production issues or if your chosen specification cannot be provided. Similarly, if the seller needs to cancel the order if a car is no longer available, a deposit refund is also due.

If the business has incurred no costs reselling the vehicle, can I get my deposit back?

The general rule is that deposits are not refundable unless the terms differ, this does not prevent the business from using an element of common sense. For example, if no additional costs are incurred due to you withdrawing from the purchase, or where the expense associated with this withdrawal is less than the deposited funds, this can be taken into account when deciding as to whether to award a proportion or the full deposit amount back to you.

In the event that you are unable to have your entire deposit refunded, it is important that the business is able to demonstrate that you were made aware of this condition when buying the car.

This is reinforced by clause 4.5 of The Motor Ombudsman’s Motor Industry Code of Practice for Vehicle Sales, which is approved by the Chartered Trading Standards Institute (CTSI), and states: “Where a deposit is required, the terms and conditions of the deposit will be made available to you [the customer]”. In an earlier clause (4.3), the Code equally refers to the fact that any contractual terms must be made clear to consumers during the vehicle purchase process.

Is a ‘click and collect’ service offered by a car dealership classed as a distance sale?

The answer is generally no – a ‘click-and-collect’ style purchase is not usually a distance sale. This is because, whilst you might have placed the order online and paid a deposit, you will still sign the contract and any finance agreements, or pay the balance on site, the same as with a ‘bricks and mortar’ purchase.

As you have had contact with the seller on their premises during the process of finalising your purchase, the additional right to cancel your purchase within 14 days given by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply. You will still have your statutory rights under the Consumer Rights Act 2015, which gives you the right to reject the car for a full refund within the first 30 days after purchase – but only if you’re able to demonstrate that the car doesn’t meet the standards required of it under the Act.

What happens if I want to return the car more than 14 days after taking delivery? 

After 14 days has passed since you took delivery of the car, you no longer have the right to automatically return the car without specifying a reason. You’re still protected under the Consumer Rights Act 2015, but this only allows you to return the car if it can be demonstrated that it isn’t of satisfactory quality, is unfit for purpose or isn’t as described.

What happens if the seller of the car won’t take the car back within 14 days if I have notified them within this period about the return of the vehicle?

If the seller won’t take back the vehicle, then it’s time to raise a formal complaint. We’d recommend putting your concerns down in writing, so sending it by post or by email, and giving the business up to eight weeks to investigate what’s happened and issue their final response. If they still refuse to take back the car, and they’re accredited to The Motor Ombudsman, then get in touch with us. We’ll look at what’s happened and, if we find something has gone wrong, we’ll find the fairest way of putting things right.

What to do about a used car problem?

Following the purchase of a used car, you may encounter an issue with the vehicle, such as it needing repairs for a mechanical failure or fault. Depending on your circumstances, this may be covered by a warranty (i.e. that provided by the manufacturer or an extended vehicle warranty provider) or under your legal rights as a consumer.

Warranty

If your used car is still covered under the manufacturer’s warranty policy, which may be up to seven years, you may be able to claim for the repair of the fault under the terms of the warranty.

The policy will set out each parties’ obligations, and the process on submitting a warranty claim, which normally involves booking your vehicle into a main dealer for diagnostics. Following on from this, the main dealer will submit a warranty claim to the manufacturer. If the manufacturer accepts the fault to be a defect, they will authorise a free of charge repair. If they do not agree it is a defect, they will refuse your claim and explain the reasons why.

If your car has been sold with an extended warranty product, or you have chosen to purchase a policy, you may also be able to claim for the repairs. You should check the claims process highlighted by the policy, as well as the coverage provided.

Your consumer rights

You can exercise your legal rights, but you will need to contact the seller (a franchise dealer or independent retailer) who sold you the used car. If you discover your vehicle is of unsatisfactory quality, unfit for purpose, or not as described, within the first 30 days, you can raise this with the seller and ask for your money back. You will be entitled to a full refund.

It is worth noting that satisfactory quality regarding a used vehicle may be subject to what can be expected on a vehicle of that age, mileage, or price. For example, something that is unsatisfactory on a new car, such as the failure of a turbo within a short period after purchase, may not be considered unsatisfactory on a used vehicle if this component had reached the end of its serviceable life at the time the car was bought.

If an issue occurs with a used vehicle after the first 30 days of ownership, the seller has one opportunity to repair or replace your vehicle. Similarly, if a fault occurs within six months from the point of sale, it is presumed that it was there when the car was sold. In this scenario, the burden is on the seller to prove that the issue was not there at the time of sale, but if a fault is discovered outside of this six month period, you will need to demonstrate the issue was there at point of sale, and is therefore of unsatisfactory quality.

If the issue re-occurs following the repair with your existing car, or a fault is discovered with the replacement vehicle, you can ask for a price reduction, which means a partial refund, but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct a sum for usage, which is usually the miles you have added to the vehicle during ownership.

I have a warranty claim, but a dealership or garage is unable to book my car in before my warranty expires. What can I do?

If you are looking to make a claim on your active warranty policy, but a dealership or garage is unable to accommodate your vehicle to assess the defect or issue being reported before the policy expires, and it is later found that the problem was one that was covered under the terms of the warranty, you will not be liable for any repair costs.

If the claim does not fall under the terms of your warranty, even if the car was seen after the expiry of the policy, you will be asked to cover the cost of any remedial work carried out on your vehicle.

If you are unable to take your car to a dealership or garage prior to the warranty agreement expiring due to them being unable to accommodate your vehicle, it is worth contacting the administrator of the policy to discuss your concerns and possible solutions available.

Before any remedial or repair work being undertaken by a business, it is important that you ask for a quote and confirm your agreement to the cost if you wish to proceed.

The parts that are covered under your warranty agreement is decided by the terms and conditions of your warranty.

Therefore, we recommend you contact your warranty provider, if you are unsure about what is covered under the warranty.

You can find out more about vehicle manufacturer and extended warranties on our dedicated FAQs page.

I have a warranty claim, but a dealership or garage is unable to book my car in before my warranty expires. What can I do?

If you are looking to make a claim on your active warranty policy, but a dealership or garage is unable to accommodate your vehicle to assess the defect or issue being reported before the policy expires, and it is later found that the problem was one that was covered under the terms of the warranty, you will not be liable for any repair costs.

If the claim does not fall under the terms of your warranty, even if the car was seen after the expiry of the policy, you will be asked to cover the cost of any remedial work carried out on your vehicle.

If you are unable to take your car to a dealership or garage prior to the warranty agreement expiring due to them being unable to accommodate your vehicle, it is worth contacting the administrator of the policy to discuss your concerns and possible solutions available.

Before any remedial or repair work being undertaken by a business, it is important that you ask for a quote and confirm your agreement to the cost if you wish to proceed.

What can I do if I have a problem related to my BMW warranty?

If you have a complaint in relation to your BMW extended warranty, then it is likely to be an agreement with a third party rather than BMW UK itself. Therefore, before raising your dispute, please read the terms and conditions of the extended warranty documents carefully to identify the business which is liable under the extended warranty agreement.

You can then contact the appropriate organisation by submitting a formal complaint to the business in line with their complaints procedure.

If you are unhappy with the final response of the business, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation.

Take a look at our vehicle warranty FAQs here.

What can I do if I have a problem related to my Audi warranty?

If you have a complaint under an Audi extended warranty, then it is likely to be an agreement with a third party rather than with Audi UK itself. Therefore, please read the terms and conditions of the extended warranty documents to identify the business which is liable under the agreement. You can then contact the appropriate organisation by submitting a formal complaint to the business in line with their complaints procedure.

If you are unhappy with the final response of the business, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation.

Take a look at our vehicle warranty FAQs here.

Can I get a replacement vehicle if a fault has not been fixed?

The seller has only one opportunity to repair your vehicle if there is a breach of your consumer rights. You can allow the seller a further attempt at repair if you wish. However, if you give them this opportunity, you will not be able to ask for a different remedy until that repair has either failed to rectify the issue, or another problem occurs.

If you are offered a replacement vehicle, it should be like-for-like so far as is possible. However, if you request a newer model or one with lower mileage, or a car with a higher specification, you may be asked to make some payment towards this.

What if I can’t afford to pay for repairs done on my car?

If pre-agreed repairs have been carried out on your car, and on receipt of the bill (e.g. an invoice), you don’t have the ability to pay, then the first step is to speak to the business to try to come to an agreement with them, such as putting a payment plan or affordable installments in place.

If this is not possible, the business may have the right to retain your vehicle until payment is received. If the vehicle is being retained due to an unpaid bill, the business has to maintain it whilst in their care. However, they are able to charge reasonable costs for doing this, and their terms may state that storage fees may be applicable. This can end up increasing the overall debt.

Can I leave my car with the repairer indefinitely if I can’t pay?

You may be able to come to an agreement with the business to use the car for part of full payment of the outstanding sum, or arrange to pay for the disposal.

However, if you are unable to pay the bill, leaving a car on a business’s premises without their consent is never advisable due to the potential for an escalation in costs.

A business may be able to take possession of the vehicle if they chose to take the dispute to court following an unpaid bill.

What do I do if I have a complaint about a repair conducted by a business appointed by my insurance company?

If a repair was conducted by a business appointed by the insurer of your vehicle, and a dispute arises about the standard of work or contract, your complaint needs to be raised with the insurer. The Motor Ombudsman is unable to handle disputes of this nature.

What happens if I find a fault within 30 days of buying a car?

 If you find a fault with your vehicle within the first 30 days, you can raise this with the seller and ask for your money back. You may be entitled to a full refund.

If you are outside of the first 30 days, the seller has one opportunity to repair or replace your vehicle. If you are reporting a fault within the first six month, it is presumed this fault was there at point of sale. The seller will need to prove otherwise. If outside of the first six months, you will need to prove this fault was there at point of sale.

The seller has only one opportunity to repair or replace, and if this fails because the same fault persists or a new inherent fault has developed, you can ask for a price reduction, which means a partial refund but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct usage, which is usually the miles you have added to the vehicle.

What can I do if a business is unable to fulfill my vehicle order?

There may be occasions where a business is unable to fulfill your vehicle order for a variety of reasons. It may be that the vehicle can no longer be supplied due to production issues, be at the end of its product lifecycle, or a specific specification has been withdrawn since the time of order.

• Production of the specific model is cancelled

For example, If you have placed a deposit down at the time of order, and the business is unable to supply the car due to production issues or if your chosen specification cannot be provided, a refund will often be due. Similarly, if the seller needs to cancel the order if a car is no longer available, a deposit refund will also apply.

A deposit implies that you have a contract with the business, so if they are unable to fulfill the contract, other remedies may also be considered. However, these can vary greatly depending on the circumstances.

If an order has been cancelled by the seller without prior authorisation from yourself, it is important to speak to them in the first instance to see what remedies can be offered to put you back in the situation you would have been in, had the contract been fulfilled correctly or if the order had never been made.

• Delivery has been delayed beyond the scheduled date 

In this instance, it is important to check the terms and conditions attached your order form to understand whether there are any terms related to a delivery date or delays, as well as whether the scheduled date was an estimate or not. It may also be worth speaking to the business to discuss whether any assistance can be provided or any issues that have arisen due to the delay, so these can be addressed whilst the vehicle remains on order.

• The vehicle specification needs to be changed 

There may be instances where the specification ordered may no longer be produced or be changed due to factors including parts shortages. In these instances, the seller should contact you to inform you of any changes so that you have the option to decide whether to keep the vehicle with the changes, or make a claim for a refund or another remedy.

• The vehicle is delivered with the incorrect specification 

If, on the day of handover, your car has a different specification compared to what was ordered, which may once again be due to factors, such as parts shortages or errors made during the ordering or manufacturing process, or due to the withdrawal of product lines, it is worth speaking to the business in the first instance to see if they are able to correct the order such as retro-fitting parts, re-order a new vehicle, or make other remedies available to you.

What to do about a used car problem?

Following the purchase of a used car, you may encounter an issue with the vehicle, such as it needing repairs for a mechanical failure or fault. Depending on your circumstances, this may be covered by a warranty (i.e. that provided by the manufacturer or an extended vehicle warranty provider) or under your legal rights as a consumer.

Warranty

If your used car is still covered under the manufacturer’s warranty policy, which may be up to seven years, you may be able to claim for the repair of the fault under the terms of the warranty.

The policy will set out each parties’ obligations, and the process on submitting a warranty claim, which normally involves booking your vehicle into a main dealer for diagnostics. Following on from this, the main dealer will submit a warranty claim to the manufacturer. If the manufacturer accepts the fault to be a defect, they will authorise a free of charge repair. If they do not agree it is a defect, they will refuse your claim and explain the reasons why.

If your car has been sold with an extended warranty product, or you have chosen to purchase a policy, you may also be able to claim for the repairs. You should check the claims process highlighted by the policy, as well as the coverage provided.

Your consumer rights

You can exercise your legal rights, but you will need to contact the seller (a franchise dealer or independent retailer) who sold you the used car. If you discover your vehicle is of unsatisfactory quality, unfit for purpose, or not as described, within the first 30 days, you can raise this with the seller and ask for your money back. You will be entitled to a full refund.

It is worth noting that satisfactory quality regarding a used vehicle may be subject to what can be expected on a vehicle of that age, mileage, or price. For example, something that is unsatisfactory on a new car, such as the failure of a turbo within a short period after purchase, may not be considered unsatisfactory on a used vehicle if this component had reached the end of its serviceable life at the time the car was bought.

If an issue occurs with a used vehicle after the first 30 days of ownership, the seller has one opportunity to repair or replace your vehicle. Similarly, if a fault occurs within six months from the point of sale, it is presumed that it was there when the car was sold. In this scenario, the burden is on the seller to prove that the issue was not there at the time of sale, but if a fault is discovered outside of this six month period, you will need to demonstrate the issue was there at point of sale, and is therefore of unsatisfactory quality.

If the issue re-occurs following the repair with your existing car, or a fault is discovered with the replacement vehicle, you can ask for a price reduction, which means a partial refund, but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct a sum for usage, which is usually the miles you have added to the vehicle during ownership.

What organisations can I contact if I’m experiencing financial difficulties?

If you are experiencing unexpected costs relating to the maintenance or repair of your vehicle, and are unable to agree a payment plan with the business, there are organisations and charities that may be able to assist with financial guidance. These include:

• Citizens Advice
• Money Advice Scotland
• National Debt Line
• StepChange
• The Money Charity
• The Money Advice Service

If you are experiencing mental health concerns, money worries or financial pressures, the following organisations may be able to offer guidance in relation to your personal circumstances:

• Give Us A Shout (SMS-based service)
• Mind
• Samaritans

What is classed as “wear and tear”?

The term “wear and tear” is often defined in a warranty agreement, and covers the degradation of vehicle parts through normal use and the vehicle ageing over time. This applies to items, such as tyres, brakes and clutches, but wear and tear can affect any mechanical components or areas such as the cabin trim or furnishings.

If you’re looking to make a claim under your warranty agreement, it is always best to check how “wear and tear” is defined on the policy, as this will be central to your contract and a successful claim.

Is “wear and tear” considered unsatisfactory quality?

With the use of a car over time, wear and tear will become a factor as to the state and condition of a vehicle and its components. This is particularly relevant to used cars, and simply because a car is showing signs of wear (either aesthetic or mechanical), this does not mean the vehicle is of unsatisfactory quality in its current state or when it was manufactured.

Can “wear and tear” cause mechanical failures?

With use of a vehicle over time, and the wearing of components in line with this, this may lead to a mechanical failure. Some parts, such as a clutch, will have an expected lifespan before routine replacement.

If a premature failure occurs due to wear and tear, this may be covered subject to the terms of the policy, so it is worth checking the conditions to see if this is the case.

If a mechanical failure through wear and tear occurs later in the part’s lifespan, this may not be covered by the warranty policy, as the component would have been ordinarily subject to routine replacement in line with age and usage.

Can The Motor Ombudsman help with Motability vehicle disputes?

The Motability Scheme is to provide mobility if you are receiving certain disability allowances. More information about these can be found here.

As the Scheme provides the vehicle under a lease contract, you never own the vehicle or have a direct contract with the seller (i.e. the dealership).

If you have paid for your vehicle to be serviced or repaired by a Motor Ombudsman-accredited business, and there are issues with the work or payment, these may be covered under our Service and Repair Code, and we may be able to assist with your dispute.

If servicing and repairs are paid for by Motability, you will need to dispute the work or invoice directly under the lease with Motability. The Financial Ombudsman Service (FOS) may be able to assist with any unresolved disputes with Motability.

If you have an issue with your car under a Motor Ombudsman-accredited vehicle manufacturer’s warranty, and are looking for a warranty repair, this is covered under The Motor Ombudsman’s New Car Code.

If you are looking to reject or return a vehicle paid for under the Motability Scheme, this is something you will need to contact Motability directly about, and if you remain unhappy with their response, the Financial Ombudsman Service (FOS) may be able to assist with any unresolved disputes in this area.

What can I do if I have a complaint about the range of my electric vehicle?

If you feel that your electric vehicle (EV) is not achieving the range advertised for a full battery charge, there are a number of factors that you may need to consider before raising a dispute with a manufacturer or seller of the vehicle.

The range stated in brochures or adverts is often quoted as having been obtained through Worldwide Harmonised Light Vehicle Test Procedures (WLTP), so will not be representative of your daily usage.

Under The Motor Ombudsman’s Codes of Practice, any advertisements or literature must not be misleading or likely to be misunderstood. For these reasons, there are often specific exclusions or references in adverts to ensure that the range is being fairly represented, including any factors that may affect the stated range.

If you have a dispute regarding the advertising of your vehicle, you can find out more about The Motor Ombudsman’s Alternative Dispute Resolution service here.

What factors can affect my electric vehicle’s range? 

There are a number of factors that can affect the range achieved by an electric vehicle (EV) on a full charge, and are often stated on manufacturer websites and literature. These include:

• The weather and climatic conditions

For example, in colder temperatures, the range will decrease as the battery is able to hold less charge, and there may be greater usage of climate control systems.

• Terrain and topography

For example, driving on steeper inclines or on rougher ground, means that the motors on the wheels have to work harder to drive the wheels, thereby using more power from the battery, and reducing range per full charge.

• Driving style

The speed of acceleration and driving at higher speeds can all influence range, as they draw a greater charge from the battery over shorter periods of time.

• Load

Carrying luggage, and the number of occupants in the car can impact the level of range, as the heavier the car, the more power is needed to drive the vehicle’s wheels when in motion.

• Tyre pressures

Tyres on EVs are generally subject to a greater level of wear than those found on similar petrol or diesel models, due to electric cars often being heavier.

Also, the degree to which tyres are inflated compared to what is recommended by the manufacturer, can impact range. For example, under-inflated tyres generate greater rolling resistance and diminish the level of range as the motors have to work harder.

• The age of the battery

Over time, the capacity of the battery to hold a full charge decreases, thereby decreasing the achievable level of range per full charge.

Please note that the factors affecting range that have been highlighted in this article are not exhaustive.  

I have a complaint about my home charger not working properly for my electric vehicle. Can The Motor Ombudsman help me with this?

The Motor Ombudsman is only able to look at disputes if you have purchased the charger as part of the package when buying the electric vehicle.

In all other cases, a dispute regarding a home charger not working properly would need to be directed to the supplier or installer of the equipment. If you are unsure who this is, it’s worth looking back at your contract when you purchased the installation of the home charger.

What are some of the benefits of engaging in mediation?

Some of the principal advantages of taking part in mediation are as follows:

• The process can be a lot quicker to find a resolution to a dispute compared to the time allowed for formal adjudication;

• Mediation provides a safe environment for both parties to discuss any issues and their impacts in a productive way;

• It helps to promote an amicable and long-term relationship between the consumer and the business;

• It can help repair a damaged relationship between the parties;

• There is greater flexibility around discussing a resolution and / or settlement that can be agreed;

• It is a confidential meeting for all parties;

• It is less formal, and documentation and evidence are not required; and

• It empowers the parties to find their own route towards a resolution.

Can I use The Motor Ombudsman’s mediation service if the business is not accredited?

Unfortunately, mediation can only be used if you have a dispute with a Motor Ombudsman-accredited business.

Will the adjudicator take into account any information discussed during mediation?

No, all information provided during the mediation process is always confidential and will not be passed on to the adjudicator for review.