Taking action against a secondhand car dealer
If you have a problem with a secondhand vehicle you have bought
from a dealer, first work out what rights you have and decide what
you want the seller to do about it. It is the dealer and not the
manufacturer who is responsible for dealing with your complaint.
Follow the steps below:
1. Stop using the car
2. Collect all your documents together, including your sales
invoice, guarantee or warranty and/or credit agreement
3. Contact the dealer as soon as you discover the fault. Take
the vehicle back, and ask to speak to a manager or the owner.
Alternatively, write to the manager or owner, enclosing a copy of
your sales invoice.
If you bought the goods on credit, send a copy of your letter to
the credit company. Keep a copy of your letter.
If you are complaining in person, explain your problem calmly
but firmly. Ask for a full refund, a repair, a replacement, or
compensation depending on what you would like the dealer to do. Set
a time limit for the dealer to sort out the problem
4. If the dealer doesn't agree on the cause of the problem, you
may have to get an expert opinion. You can do this through a trade
association, the AA, RAC, or from anyone suitably qualified who is
willing to put their findings in writing. You will usually have to
pay for the report.
You should also reach agreement with the seller in advance on
the choice of expert and that you will both be bound by the
expert's findings. If you want to use the expert's evidence in
court proceedings, you will need the court's permission first,
otherwise you may not be able to recover the costs, even if you win
your case
5. Many dealers are members of trade associations which have a
Code of Practice covering the sale of new and secondhand cars and
repairs. If the dealer is a member of a trade association, it may
offer to help you negotiate an agreement with the dealer through
conciliation or arbitration. This could mean you can avoid going to
court. Arbitration is often legally binding so you would need to
make sure you are very clear about what you have agreed to before
you enter into any agreement. Trade associations which may be able
to help you include: the Retail Motor Industry Federation, Motor
Codes Limited and the Scottish Motor Trade Association.
6. If you are still dissatisfied, or you do not want to accept
arbitration, write to the dealer repeating your complaint and
mentioning any action that has already been taken. If you have
bought the vehicle on credit, you should send a copy of this letter
to the credit company.
Say that you will give the dealer fourteen days to sort out the
problem or you will consider legal action. Send your letter by
recorded delivery with a copy to the head office. Be sure to keep
copies of all letters
7. The trader might not sort out your problem in the way that
you've asked for, but might offer you an alternative solution
instead. You can either accept this offer or continue to negotiate
for what you want. Be realistic in what you will accept. You may
not get a better offer by going to court
8. If the dealer doesn't reply to your letters, refuses to do
anything, or makes a final offer that you are unwilling to accept,
your only other choice is to go to court. If you are claiming the
cost of repairs, make sure you have obtained sufficient evidence to
prove your claim, for example, expert reports and photographs
before you allow another garage to repair the car.
Remember, court should be your last resort. You also need to
find out if the dealer has enough money to pay your claim. It is
not worth suing a person or a firm that has no money. For more
info please consult our guide on how to take a dispute to the
small claims court.
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