The Motor Ombudsman has explained how the Consumer Rights Act 2015 can help motorists
A motoring watchdog claims they’ve revealed the best ways to boost your chance of a refund if you’re sold a faulty car. Buying a new vehicle has a big influence on Brits’ finances and travel plans, but sadly it doesn’t always go to plan.
When faults appear shortly after collection questions are raised about refunds, so last month The Motor Ombudsman unveiled their advice. They say the likelihood of getting a refund depends on whether legal standards outlined in the Consumer Rights Act 2015 were met.
It explains that cars supplied by retailers, such as dealerships, should be of ‘satisfactory quality, fit for their intended purpose and match the description’. The Motor Ombudsman warns that what is deemed ‘satisfactory quality’ depends on things such as age, mileage and price. This means a refund isn’t always guaranteed, so the watchdog has some important considerations to share.
It explains that your rights are ‘generally stronger’ shortly after purchase, so identifying an issue as soon as possible plays a ‘central role’. The Consumer Rights Act 2015 details the potential for buyers to reject the vehicle within the first 30 days if the fault was present at the time of sale.
It says it’s vital you inform the dealership by citing this right and the reason for the rejection within this timeframe. However, the more time passes, the more likely it is that the dealership will have an opportunity to rectify the issue through a repair or a replacement.
The Motor Ombudsman says a refund may still be possible if the issue can’t be fixed, but the final amount may be reduced depending on how much the vehicle has been used. They claim a defect discovered within six months of the purchase is presumed to have been present at the point of sale and the burden is on the seller to prove otherwise.
They say the dealership has one opportunity to repair the issue and if that’s unsuccessful then the buyer has the right to reject the vehicle. The watchdog then says if an issue is declared six months after purchase, then it’s presumed the cause occurred after sale and the customer must prove otherwise.
If an agreement can’t be reached between two parties, then The Motor Ombudsman says the company’s own complaints system should be given up to eight weeks to respond.
After this, buyers can escalate the issue through an Alternative Dispute Resolution where an independent body, such as The Motor Ombudsman, can resolve it.
A spokesperson for The Motor Ombudsman said: “A fault with your vehicle can quickly change how you feel about what was meant to be a straightforward purchase. Whether a refund is available will depend on the timing, the nature of the issue, and how the law applies to the facts of your purchase. Knowing how these rights operate can make it easier to approach the situation with clarity about what may happen next.”
