Trading Standards Officers have been supporting residents who have bought second hand cars which have developed faults to obtain a refund or get the vehicles repaired or replaced at no extra cost.

 

The total amount refunded to customers to date during Operation Tabitha is £248,145 with further work ongoing to try and retrieve a further £104,000. Officers have assisted 48 consumers with obtaining these refunds.

 

When you buy a used car from a trader, you are entering into a contract, which is covered by the Consumer Rights Act 2015. This legislation means that the vehicle you purchase should be of satisfactory quality, fit for purpose and as described. If it’s not you may be entitled to remedies including the right to reject the vehicle and obtain a full refund, the right to a repair, replacement or a reduction in the price paid.

 

Our Trading Standards Officers have been in contact with 45 used car dealers in West Berkshire, Bracknell Forest and Wokingham and have visited 14 of these who required extra advice to ensure compliance with the legislation.

 

When a complaint is received Officers write to the trader setting out their responsibilities under the Act. They also send a flowchart to the consumer to make them aware of their legal rights under the legislation. Officers will then assist the consumer to obtain the appropriate resolution.

 

If the vehicle you have bought from a trader does not meet your expectations (perhaps it is faulty, not fit for purpose or not as described), you should take action straight away and report it to the trader in the first instance. This can be in person or by phone but is always best followed up and documented in writing by email, text, messaging apps. letter etc. Make sure you know what your rights are and which remedy you are entitled to.

 

These rights do not apply if you have simply changed your mind about the vehicle, have seen one cheaper elsewhere or you have caused damage to the vehicle yourself.

 

If you state that you wish to reject the vehicle within 30 days from the date it was supplied you are entitled to a full refund. The trader is obliged to refund you without undue delay or, in any event, within 14 days from when they first had the opportunity to examine the vehicle. As an alternative to rejecting the vehicle, you can opt for a repair or replacement although the trader only has one opportunity to remedy by these methods. You do not have to give the trader more than one opportunity to repair or replace the vehicle if it is faulty. 

 

Councillor Iskandar Jefferies, the Chairman of the Joint Public Protection Committee said “Our officers are here to ensure a fair and level playing field to protects our residents and businesses. Trading Standards Officers take the sale of faulty, unroadworthy and misdescribed cars very seriously. We will not tolerate traders that ignore their responsibility to ensure that the cars they are selling are safe, free from fault and of satisfactory quality.”

 

Traders must take reasonable precautions to check that the vehicles are free from fault before they display them for sale and they must be safe at the time of the test drive. Our Officers will not hesitate to investigate complaints where consumers have purchased faulty vehicles or those not of satisfactory quality.”

 

A resident who was supported by one of our Trading Standards Officers to recover over £2300 commented that “There is absolutely no doubt that your support has been pivotal and the sole reason for resolution, as well as justice achieving this outcome. I cannot stress the level of gratitude I have for your support in this matter.”

 

One of the dealerships that we were in contact with said “Thanks to your guidance we have successfully resolved this today, both for the customer and for our business.”

 

Please report concerns to the Citizens Advice consumer helpline as all information is collated and accessed by the relevant trading standards service. Citizens Advice consumer helpline: 0808 223 1133.