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Know your rights
What are my rights for new cars? Or used cars? What to do if things go wrong?
A car, if new, should be perfect. If it develops even a minor fault, the dealer should put it right promptly and with a smile. But if the problem is major and won't go away, the law says the dealer should make things right, whatever this takes. Will this mean that you get another car, or even your money back? Well, it depends.
The first thing to consider is time. Once you've owned a car for several weeks, the law says it is yours and your chances of getting a refund or another car vanish. But faults, even tiny ones, ought to still be put right . first time. Second, there's use. If your purchase breaks down every few weeks, any dealer worth knowing should call .enough. after a couple of thousands of miles. use and order you another. But if yours runs sweetly for 30,000 miles before collapsing, you can't expect more than a repair as promised under the warranty that backs it.
New cars are more reliable than ever, and you shouldn't expect grief. But if trouble comes knocking, here's what to do. Keep calm, and call a meeting with the top bod at the dealership. Nine times out of 10, he or she will respond quickly to make things right. If you can't agree, a call to the manufacturer's UK head office can make the difference. In law, your contract over the car is with the seller, not its maker. All the same, manufacturers can step in to make things right.
Should that fail, the trading standards dept at your local town hall should give an independent, expert view. They may even speak to the dealer for you.
Still not happy? Try the Society of Motor Manufacturers and Traders (www.smmt.co.uk), who offer advice over the phone (0870 7518270). This organization also has a code of conduct which it expects dealers who are members to keep to. The SMMT runs a conciliation service, too. This is worth trying if all else fails but remember that it's legally binding . and there's no right of appeal. For buyers in Scotland, the Scottish Motor Trade Association (www.smta.co.uk) does much the same.
Whether you buy from a main dealer, supermarket or small independent trader, the deal's the same: you are protected by the same laws as you are when buying a new car. However, much turns on what the car is and how much you paid. If it's only a few months old and cost £10,000, you've a right to pretty much the same service as if you.d bought new. But if it's at the other extreme, a 10-year car that cost only a few hundreds of pounds, you should expect faults to crop up soon. As when buying new, the key is to complain promptly and politely, and to insist that the fault be put right quickly. If that doesn't happen, follow the same routes as you would with a new car.
When buying from a private seller, a mate, or even a fella in the pub, or privately, it's quite different. Should the car turn out to be a duffer, there's little you can do. The only exceptions are if the seller lied about the car or if it was unsafe to drive when you bought it. Both are tricky to prove.
Your local citizen's advice bureau is a good place for free, impartial advice. Most of the staff are volunteers so the quality of the advice may vary but they also have lawyers on hand for more complex problems. Contact them at www.adviceguide.org.uk. They.re a charity, so send them some cash if you use them.Your local trading standards officials may help, too, and just might have a word with the dealer for you to negotiate a solution. To find your nearest office, go to www.tradingstandards.gov.uk and enter your postcode.
The Retail Motor Industry Federation, which represents dealers and garages, runs its own service to resolve disputes over used-car sales and garage repairs. Click on www.rmif.co.uk for details. Note, though, that like the SMMT's scheme above, it is very much a last-chance step: consider using it only when you've run out of options.
Finally, you may consider suing the seller. This can work, but it takes, time, cash and nerve. However, if the amount in dispute is under £5000 (the limit is £2000 in Northern Ireland and £750 in Scotland), you can use the government's online small claims service at www.moneyclaim.gov.uk. This service takes a plain-English approach for ordinary folk so you needn't hire a lawyer. It's relatively quick and low-cost: filing the papers and court fees seldom tops £200. And if you win you'll probably get back whatever you've spent, in addition to any payout.
Otherwise, you.d need to take your dispute to your local county court, which will usually mean paying for a lawyer and also getting hit for court fees, which could hit your wallet hard, particularly if you lose.
National Conciliation Service (NCS)
Chestnut House
32 North Street
Rugby CV21 2AH
01788 538 317
Consumers' Association
020 7830 6000
Driver and Vehicle Licensing Agency
01792 782523
Scottish Motor Trade Association
3 Palmerston Place
Edinburgh
EH12 5AQ
0131 225 3643
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