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.
How to submit a dispute to The Motor Ombudsman
The Motor Ombudsman is a certified Alternative Dispute Resolution (ADR) provider who can assist with disputes that arise between consumers and Code-accredited businesses.
Before you submit a dispute to us, firstly please ensure you have taken a look at the information about our process on the resolve a dispute page.
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