In the current automotive market, navigating consumer rights can be complex. We are reaching out to clarify a specific area of the Consumer Rights Act 2015 that is frequently misunderstood by dealerships, often leading to costly escalations.
The One Opportunity to Repair Rule
Many dealers believe that a customer can only reject a vehicle if a specific repair fails for a second time. This is not the case.
Under the CRA 2015, if a vehicle develops a fault within the first six months, the dealer is entitled to one opportunity to repair the vehicle. If that repair fails, or if a new, unrelated fault occurs, the customer may have the legal grounds to exercise their final right of rejection.
Key Takeaway: It does not matter if the second fault is minor or completely unrelated to the first repair. Once you have used your one opportunity to repair the vehicle, any subsequent fault within that six-month window can trigger a rejection.
The Burden of Proof
Within the first six months, the law assumes any fault was present or developing at the point of sale. To successfully challenge a rejection, the dealership must provide evidence to the contrary.
Example Scenario: Turbo Failure
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Situation: A customer has owned a vehicle for five months and driven 2,000 miles when the turbo fails.
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The Risk: Without evidence, a court or ombudsman may view this as a fault that was developing at the point of sale.
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The Solution: You must conduct a physical strip-down of the component to find the root cause. If a technical report proves the failure was sporadic (e.g., caused by a sudden external event or driver error), you can then evidence that it was not present or developing when the car left the forecourt.
How We Can Help
Managing these claims requires a balance of technical evidence and legal compliance. If you have any ongoing cases or are unsure how to handle a rejection request, our team is here to provide expert advice and support.
Please do not hesitate to contact us at 01914813992