Car Ownership Archives - The Motor Ombudsman

Car Ownership (10 Articles)

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:

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:

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.

When can I “pay under protest”?

Whenever there is a dispute about the payment due, for example how much the bill is, or the standard of work you are paying for, you have the right to pay an invoice “under protest”.

What does “paying under protest” mean?

If you are disputing the monies due, paying under protest reserves your right to contest the bill after you have made the payment. This indicates that you are not accepting the charges, and the business should expect you to take this further.

“Paying under protest” does not offer a guarantee that you will get your money back.

Why should I “pay under protest”?

In any dispute, both sides are expected to keep their losses to a minimum. Paying a disputed amount under protest helps to ensure that your costs don’t rise (e.g. on-site storage fees or car hire charges), and that you’re more likely to get losses back, if your claim should be successful.

If you don’t choose to “pay under protest”, and pay the bill, the business may argue that you’ve accepted the charges and the work carried out.

How do I “pay under protest”?

It is important to make sure that it is clear that the business knows that you are “paying under protest”.

If you receive a paper copy of an invoice or receipt, clearly write “payment under protest” on your copy and any copies that the business takes.

If you receive an invoice or receipt by e-mail (e.g. as a PDF), send a reply back to the business that you will only make payment once a copy of an invoice or receipt is returned with the words “payment under protest”.

You can also reply to the e-mail from the business explaining that you will pay the bill under protest, but you would like this marked on any documentation. This way the e-mail demonstrates evidence that you are in dispute with what has been provided.

Can I settle a proportion of the bill rather than the full amount when “paying under protest”?

You can make an offer to pay part of the bill “under protest”. However, it is up to the business to decide whether to accept this arrangement, as they have no legal obligation to do so.

If the invoice is not settled in its entirety, a business has the right to withhold your vehicle until they have received full payment. Nevertheless, this may incur additional storage charges until the bill has been paid.

If you are disputing the proposed amount, and can’t afford to pay in full, it is always best to be up front with the business to come to a mutually-agreed arrangement.

Does The Motor Ombudsman cover disputes in relation to a vehicle that is used for commercial purposes or is leased?

If a vehicle is used primarily for business purposes, please refer to the article on the use of a car for private and business purposes.

If a vehicle is leased, and a dispute occurs, this falls outside of the remit of The Motor Ombudsman’s Codes of Practice. In this instance, we advise contacting the BVRLA for further assistance to resolve your complaint.

For a vehicle that is leased and is under warranty, the warranty provider may be contacted in the event of an issue occurring.

Does The Motor Ombudsman handle disputes in relation to a car that I have rented via a car sharing service?

If you have rented your car to or from another individual, and issues have occurred, such as accident damage, mis-use or any other contract disagreement, this falls outside of the remit of The Motor Ombudsman’s Codes of Practice. Therefore, we advise contacting Citizens Advice for help resolving the dispute.

If a vehicle is used for both private and business purposes, can I still bring my dispute to The Motor Ombudsman?

If you have stated on your insurance policy for your vehicle that a greater number of miles will be completed for business than for private use (i.e. over 51% of annual usage), it is likely that you will be classified as a business user rather than a consumer. In this scenario, we will be unable to pursue your case, as our Codes of Practice are based on the private use of a vehicle and in accordance with consumer legislation.

If, on the other hand, you are able to prove that the vehicle is principally for private use, we will be able to consider taking on your case.

For more information about raising a dispute if you use a vehicle principally for business purposes, please refer to the Business Companion website.

Can The Motor Ombudsman resolve disputes with non-UK based businesses?

We can only look to resolve a dispute with a Motor Ombudsman-accredited business that is located in the UK (England, Scotland and Wales). Unfortunately, we are unable to help consumers that have a dispute with car retailers or repairers in Ireland.

You can check whether a business is signed up to our Service and Repair and/or Vehicle Sales Codes of Practice by typing in the business name or postcode into our online Garage Finder.

If your dispute relates to a new car under the vehicle manufacturer’s warranty or an extended warranty product, a full listing of accredited businesses can be found here:

Car manufacturers

Vehicle warranty product providers

What can I do about engine knocking?

What is engine knocking?

Engine knocking (a metallic or pinging sound generated from a petrol or diesel engine) occurs when fuel burns unevenly in the cylinder due to the air / fuel mixture being incorrect.

The issue can be caused by a wide range of faults, which, if left untreated may result in major engine failure.

If your engine is showing signs of knocking, you may wish to contact the seller of your car to repair the issue under your sales contract, if it has been less than six years since you bought the vehicle, in line with the Consumer Rights Act 2015. Alternatively, you may wish to have it repaired by the manufacturer under the warranty, if the policy is still valid. In either case, you should contact the appropriate business by submitting a formal complaint in line with their dispute resolution 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. However, the business needs to be accredited to us (please take a look at our online Garage Finder).

Our adjudication outcome (i.e. whether it is favour of the business or consumer), will be based on the cause of the fault. Therefore, if the evidence doesn’t show that the fault is caused by a manufacturing defect, or that it existed at the point of sale, we may not uphold your complaint.

What can I do about corrosion on my car’s bodywork?

What are the main types of corrosion on a car body?

There are generally two main types of corrosion which can be found on a car’s bodywork. They are namely “surface corrosion” and “through body corrosion”.

Surface corrosion appears above or below the surface of the paint, but is always above the metal panel. It may be caused by a paint defect or stone chips allowing water to penetrate under the paint, resulting in a “bubbling” effect on the paintwork.

Through body corrosion is corrosion forming from inside a metal panel which is rusting from the inside of the panel and works its way through the panel from inside to out. It is often caused by a defect inside the metal panel itself.

If the bodywork is showing signs of corrosion, you may wish to contact the seller of your car to repair the issue under your sales contract in line with the Consumer Rights Act 2015, if it has been less than six years since you purchased the vehicle. Alternatively, you may wish to have it repaired by the manufacturer under the warranty, if the policy is still valid. In either case, you should contact the appropriate business by submitting a formal complaint in line with their dispute resolution procedure.

Read our handy guide “Getting to know corrosion” for more information.

Car Ownership