Sunday People

The right steer on motoring moans

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COMPLAINTS about new and especially used motor vehicles top the complaints charts every year.

If you buy a dodgy car your rights are clearly set out in the Consumer Rights Act 2015. But is the picture any different if you purchased the vehicle on finance? Here’s what you need to know:

1. Your basic rights

THE Consumer Rights Act 2015 says goods must be: Of satisfacto­ry quality. As described in the advert. Fit for purpose. Most disputes are about satisfacto­ry quality and the majority involve used vehicles.

In this regard it is important to remember that a used car will have suffered from wear and tear and the price of the vehicle is expected to take account of this.

The problem will therefore need to be more than simply wear and tear, unless the trader said the vehicle was in perfect pristine condition.

2. Finance agreements

THE normal finance arrangemen­ts for purchasing a vehicle are:

Payment by credit card or a fixed term loan. If you pay with your card or via a fixed-term loan and something goes wrong with the vehicle you can make a section 75 claim to your card provider/ finance company. If successful they will refund your money and take up the fight against the dealer.

Hire purchase – you can go to the finance company and say that the vehicle is not of satisfacto­ry quality which is a breach of the finance agreement. That will say the vehicle is of satisfacto­ry quality. The finance company should then refund you.

3. If your claim is rejected

IF you make a section 75 claim or claim against the hire purchase finance provider and they reject the claim, your next port of call is to complain to the Financial Ombudsman service. To be successful you need to supply:

A copy of the loan or hire purchase agreement. Full details of the vehicle. Any documentat­ion you have in relation to the vehicle.

A copy of any mechanic’s report obtained.

Any other evidence to support the specific complaint – such as internet or book research.

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