When the Car You've Just Bought Breaks Down

Picture the scene...you've just bought the car you've had your eye on, and it's your pride and joy. Before it's even had a chance to get dirty, you're driving it around and it makes a terrible noise - or simply refuses to start one morning. When you've stopped shouting at it, and investigated all the obvious causes, you realise the car isn't going anywhere soon, and you need to know what to do next. What can you do if you're stuck with a car that doesn't do what it's supposed to?

First Things First...Where Did You Buy The Car?

Sadly, a lot depends on where you bought the car from. It's only reasonable though - you wouldn't expect to get the same quality from buying a car for £500 from someone advertising in the local small ads as you would if you went to a high end dealer and spent £30,000. If you buy from an individual 'not selling in the course of a business' you have very few rights. The only rights you have against a private seller are that the car must be as described (the mileage must be correct, and it must have a full service history if that's how it was advertised for example). The phrase, "Nice little runner" has no standing in UK law.

If you bought the car from a trader, but it was second hand, you have rights under the Sale and Supply of Goods Act. This act says that anything you buy has to be of satisfactory quality, and that (among other things) it should be durable, as described, and suitable for any use you made known at the time of purchase. The durability factor takes into account the age and price of the goods, so if you buy a nearly new model and it's refusing to budge after a few weeks you have more rights to get your money back than if it's five years old with 120,000 miles on the clock. The keyword with cars, as with all consumer purchases, is 'reasonable.' If the car is older, you do still have rights, and you may still be able to negotiate a refund. But you may have to accept a free repair, if that's possible.

How Did you Pay For The Car?

The payment method can make a difference too. If you pay cash for a car, you don't have any rights under the Section 75 of the Consumer Credit Act, but if you bought it with a loan or HP agreement arranged by the garage, you can ask the credit company to take up the case if the seller is being unreasonable. Beware though - the protection only applies to loans or agreements linked to the sale. If you take out a separate loan with your bank, it's not a linked sale and so you're on your own.

Motor Trade Associations - What can they do?

One way to avoid dodgy car deals is to make sure that any garage or seller that you buy from is a member of a motor trade association - look for a symbol or sign. It means that they have agreed to follow the association's code of practice. Look out for The RMI (Retail Motor Industry Federation) or the Scottish Motor Trade Association - you can ask them to tell you whether the dealer is a member. The RMI has its own conciliation service and a helpline number you can call if you can't get anywhere with the dealer.

Hopefully your car will run like a dream - but you do have rights if it doesn't, so don't be afraid to insist on them.