How to complain about a car dealer

If there is a fault with a car you have bought, either new or second hand, you have the right to get it repaired. 

This shouldn’t cost you anything extra, as we explain in our guide to how to claim for a repair, replacement or refund on your car. 

But what happens if you have an issue with the car dealer and need to make a complaint about it? Here we look at the steps you need to follow and where to go if the dealer doesn't co-operate.

• Read more: Which? helps the owner of a faulty electric car to get a refund

1. Contact the car dealership

Contact the dealer as soon as you notice the fault. There’s no point in delaying as your rights change depending on how long ago you bought the car. 

You can do this in person, on the phone, by a letter or email but it’s a good idea to keep a record of all of your communications with the dealer. Try to stay calm and polite too, this should help get the matter resolved quickly and to a high standard.

Your rights under the Consumer Rights Acts mean:

• In the first 30 days after you buy a car, if it is unfit for purpose, of unsatisfactory quality, or not as described you can ask for a repair or replacement. You are not obliged to accept one and can insist on a full refund, which the dealer will be legally obliged to give.
• If you're outside the 30 days, you are obliged to accept an offer of repair or replacement.
• Car dealers can make a deduction from the refund for fair use of the car after the initial 30-day right-to-reject period. 

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2. Contact your finance or credit company

If you’re not getting anywhere with the car dealer and you bought the car with a finance deal or your credit card, you have the right to bring the dispute to your finance company or credit-card company.

• If you bought your car with a finance package (like a PCP or HP) or a lease, technically your car belongs to the finance company and it should be able to help you through this process.
• If you bought the car on hire purchase, you have the common-law right to reject a faulty car throughout the duration of the agreement, as long as you stop using the car once you’ve discovered the fault. Write to the hire-purchase company and tell it you are rejecting the car as it is unsatisfactory.
• If you paid for the second-hand car on your credit card your provider is jointly liable for any breach of contract under Section 75 of the Consumer Credit Act (as long as the car did not cost more than £30,000). Tell your credit card company you are rejecting the car or you want to claim for repairs.

If you aren’t getting help from the credit card company or the car finance provider, you can take your case to the free Financial Ombudsman Service.

If you think you were mis-sold a car finance package, you can also make a complaint.

3. Give the dealer a final chance

If the dealer doesn't reply to your letters (or emails), refuses to do anything, or makes a final offer you are unwilling to accept, write again giving it a final chance to resolve the matter. 

It’s within your (and their) best interest to get the matter resolved without having to go down the legal route.

Tell the dealer that if it doesn’t act, you'll be taking your claim further.

4. Take your complaint further

If the dealer still doesn't sort out your problem, you can ask a trade association for help, if the dealer is a member. You can ask the dealer if it is a member of one, or search on a trade association’s website to find out.

Trade associations have the power to remove a dealer’s membership and usually have an arbitration service which can help you to come to a resolution.

There are several trade associations including the following:

• Motor Ombudsman
• Retail Motor Industry Federation
• Scotland Motor Trade Association

Your last resort should be starting court proceedings at the small claims court. If you do go down this route, the value of the second-hand car or the repairs you want done need to be below a certain amount (£10,000 in England and Wales or £5,000 in Scotland or Northern Ireland).

If your claim is for more than this, you'll have to follow a more complicated and costly legal process.

If you're claiming the cost of repairs, make sure you've got sufficient evidence to prove your claim. This can include expert reports and photographs before you allow another garage to repair the car.