Faulty car fix – fast guide to your rights
January 26, 2024
January is a popular month for consumers deciding to change car for a newer model. But what if something goes wrong with your new wheels? Car queries consistently top our list of CCPC helpline calls.
The good news is, you have robust rights if that shiny model you’ve bought turns out to be a jalopy! Let’s lift the bonnet and steer you in the right direction.
Short-term right to cancel
When you buy from a car dealer, the car must be fit for normal use as intended. It must continue to work normally for a reasonable time. If the car is faulty, you can cancel the contract altogether within the first 30 days and ask for a full refund.
Other options open to you include a repair, replacement or a price reduction. The business who sold you the car is responsible for solving your issue, if you paid with cash or a loan. If the garage repairs your car, the repair should fix the problem. If it has been repaired and the problem happens again , you may refuse further repairs and look for a replacement car or a full refund.
When aren’t you covered?
If the fault is due to misuse, wear and tear or accidental damage you will not be covered by consumer rights law. Even though new and second-hand cars are both protected, wear and tear in the case of older cars is taken into consideration.
Where you bought the car has an impact on your rights. You do not have the same consumer rights if you buy privately from another person. Read more about buying your car.
Top Tip
When you trade in your car for another one and something goes wrong, your consumer rights still apply. You must be refunded the full amount of the car you traded in, or offered a replacement car to the same value. If the dealer has not already sold your trade-in, you can get it back.
Resolving your issue
Your first step should be to contact the car dealer and give them the opportunity to fix the problem. If you believe they have breached your rights, you can make a formal complaint. If the amount you paid for the car is less than €2,000, you can use the small claims procedure.
If you paid for your car through hire purchase or a personal contact plan (PCP) and find a fault, it’s a bit different. Your contract is with the finance company as they legally own the car. They are responsible for fixing the issue. You should still return to the car dealer first and ask them to repair the fault.
If your car dealer cannot resolve it, contact the finance company. If they do not help, complain directly to them. Failing that, you can report the financial company to the Financial Services and Pensions Ombudsman.
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