We are seeing a trend that I am sure many of you are feeling: customers returning to the dealership with faults well beyond the 6-month mark—some even after 14 months of ownership.
In the current economic climate, many customers feel that because you sold the car, you should be responsible for repairs for as long as they own it. How nice for them if that were true! But the law says otherwise.
At Legalsolutions4u, we specialise in pushing back against these “optimistic” claims. Here is a look at a real-life scenario we recently handled and how we protected the dealership involved.
Case Study: The 14-Month Engine Failure A customer claimed total engine failure over a year after purchase. Their argument? A fuel injector repair—done via a warranty provider in Month 5—had a “faulty seal” that caused the eventual collapse.
How we assisted the dealership:
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The Burden of Proof: Since the vehicle was past the 6-month window, we reminded the customer that the legal burden is on them to prove the fault was present at the point of sale.
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Third-Party Repairs: Because the repair was handled by a warranty provider and not the garage, we argued the customer could not claim a “failed repair” against the dealership.
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Refusal to Inspect: The customer repaired the car at their own garage without giving the dealership a chance to see it. We put them on notice that, under the Consumer Rights Act 2015, they had forfeited their right to claim by bypassing the dealership’s right to inspect.
Our Recommendations for Your Team If a customer contacts you with a major fault after the initial six-month period, we recommend the following immediate steps:
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Request Evidence: Remind the customer that after six months, the Consumer Rights Act 2015 requires them to provide evidence that the fault existed at the time of purchase.
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Assert Your Right to Inspect: If a customer refuses to let you see the vehicle, put them on notice immediately. Inform them in writing that you will not be held liable for any costs incurred without your prior authorisation.
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Technical Evidence: In cases like the one mentioned above, we recommend getting a report confirming that if a seal were missing, the car would have been juddering or undrivable much sooner. This helps discharge the burden.
We are in your corner navigating the CRA 2015 is a minefield, but you don’t have to do it alone. Whether you have an ongoing headache or just a general question, Legalsolutions4u is here to ensure you only pay for what you are legally required to.
Get in touch for advice today:
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Call us: 0191 481 3992
Best regards,
The Legalsolutions4u Team