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We are highly regarded as number one in the field of automotive law, with unsurpassed knowledge of the legal issues and causes of new and used car complaints and claims.
We get to the core of the issue quickly and efficiently, no matter how complex the case is and explain difficult concepts in a way that clients can easily understand.
Specialists in new and used motorhome and campervan purchase and sale disputes
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We are widely considered experts in new and used cars across the breadth of makes, models and characteristics, with particular focus on luxury and performance vehicles and the German motor manufacturers including Mercedes, BMW, Audi, Porsche, Volkswagen, Jaguar Land Rover, as well as HGVs, agricultural vehicles, classic cars, supercars, hyper cars and mega cars.
As automotive lawyers we are renowned for being incisive, industrious, and formidable in striving to achieve the best outcome regardless of the vehicle value.
We take instructions from both consumers and business clients involving all legal issues concerning the purchase and sale of vehicles, repair, restoration and modification and asset finance. This includes sale of goods and consumer rights.
Car disputes are governed by consumer law, which provides important protections for buyers when vehicles are faulty, misdescribed or not fit for purpose, and sets out the remedies available when things go wrong. Our team helps protect consumer rights for car buyers.
The Sale of Goods Act implies certain terms into business contracts involving a vehicle sold by a dealer to a business, whether a commercial vehicle such as van or truck but also applicable to passenger cars.
While a vehicle is required to be of satisfactory quality, fit for purpose and match the description, the dealer’s terms and conditions may limit, if not exclude, these statutory rights, subject to the unfair contract terms act.
Car consumer rights similarly imply the same contract terms when buying a car, in that they have to be durable, fit for all the purposes goods of that kind are supplied, free from minor defects and be of a satisfactory quality including appearance and bodywork.
What is different in consumer rights when buying a car from a dealer is, if the car doesn’t conform to the contract, namely it is faulty within six months from purchase, it is taken to have been faulty on delivery.
Additionally, unlike the sale of goods act, car the consumer rights act include the automatic right to reject in certain circumstances. But enforcing your car consumer rights can be easier said than done.
The road traffic act makes it illegal to expose for sale or to sell an unroadworthy vehicle and to repair a vehicle and allow it to be driven on a public road when it is unroadworthy.
To sell an unroadworthy car would make it automatically unfit for purpose.
You may have the right to reject a car sold by car trader which has become faulty within 30 days or remains faulty after a failed repair within 6 months of delivery but it is rarely that clear cut and straight forward.
Sale by description, mis-selling, and misrepresentation is a complex area of law and can occur from fake service history, the car being clocked, the mileage tampered with using a CAN filter, the condition, numbers of previous owners or a hidden history i.e. it’s a previous write off or damaged and repaired.
In similarity to mis-selling claims, the purpose of the Act is to ensure dealers and traders disclose information which is or would be relevant to a customer if known and prohibits sellers creating a misleading impression.
The Consumer Protection Act 1987 commonly refers to product safety and will more often than not apply to new or nearly new vehicles but may extend to used cars by the alternative route of negligence and breach of contract. Liability for damage to property, the vehicle or the person will arise if it was caused wholly or partly by a defect in a vehicle. This may be because of fire, premature failure of a manufactured part or other defect.
Unlike buying a car from a dealer, your rights when buying a used car from a private seller are limited. Nevertheless, you do have rights.
Private car sales rights include misrepresentation or not as described. This may include the car having a hidden history, whether that’s because it’s been cloned or it being advertised as fault-free.
Title claims involving people who have bought a car with outstanding finance are becoming increasingly common.
Probably the single biggest issue, is a car being advertised as a private sale when it is really a trade sale. This illegal under unfair trading regulations
Always check the name and address on the logbook matches the seller’s and always take a copy of their driving licence.
The Consumer Rights Act explains that if a vehicle becomes faulty (more than a minor fault) within 6 months of delivery, it is presumed to have been faulty from the outset. On the other hand, the dealer or finance company can potentially provide evidence which proves the vehicle wasn’t faulty on delivery, or that the…
Being involved in a situation where your car spontaneously catches fire is a frightening experience. Vehicle fires are fierce, causing significant damage to both the vehicle and adjacent property. For vehicle owners, the shock and distress are only matched by the surprising difficulty in getting car dealerships, manufacturers and finance companies to accept liability. Often,…
Faulty car litigation can be a very expensive, lengthy and stressful process. Because of this, strategy, experience and specialist knowledge of the subject vehicle, which in this case is a Mercedes-Benz car, can prove decisive. This is never truer than when you’re up against a defendant who is an experienced car dealer specialising in buying…
Because the legal rules are different when something goes wrong with a vehicle bought for and by your business, disputes can be tricky. However, it’s not easy to disclaim liability for misrepresentation especially if the supplying dealer has clearly falsely described something. This was the case involving a Toyota Land Cruiser 300 Sahara imported from…
People say they can fix the problem with a DPF- a diesel particulate filter- not regenerating properly and becoming blocked, by replacing it and that the effects of poor historical servicing can be reversed. They’re wrong. When you complaint about the vehicle going into limp mode, exhaust gases entering the cabin and the dashboard lighting…
It has been said that 80% of claims and disputes are resolved on the evidence. But determining what is evidence and who bears the evidential burden of proof is not always as easy as it sounds. It is a central principle of English law that the person making a claim or complaint bears the burden…
If you return your motorhome to the supplying dealer because of restricted performance and an engine management light coming on and the dealer tells you that they can’t find a fault with it, what are your rights if the problem occurs again, and a fault is found? Can the customer reject the motorhome or are…
A motor dealer which promotes itself as being a specialist in converting and selling VW Campervans and Transporter vans can’t be surprised if customers hold them and their products to a higher standard than a standard dealership. If the quality doesn’t meet that standard, and the dealer doesn’t deal with complaints properly, they can’t be…
Car cloning is a fraud and is the process of disguising the identity of a stolen vehicle by using the number plates, VIN and logbook of a legitimate vehicle of similar make and model. In short, there will be more than one car on the road with the same ID. This is what happened in…
Establishing who bears the burden of proving the various aspects of a legal case is often more challenging than it appears; get it wrong and you could be asked to prove something you don’t have to or worse, something you can’t prove, like a negative. This is at the centre of this case involving a…
The reliance on vehicle inspection reports by Automotive Consulting Engineers, commonly known as ACE, and reports by car finance companies has become part and parcel of investigating faulty car complaints. But these reports have come to be interpreted as fact rather than evidence, and have become determinative of whether to uphold a complaint or not…
Car finance companies and car dealers commonly rely on expert evidence from vehicle inspection firms to determine whether to uphold or decline vehicle quality complaints. Mostly, no one actually reads the report, focussing instead on the conclusion, “We do not consider the condition to have been developing at inception.” But engineer reports aside, surely common…
Under s23 Consumer Rights Act, the trader must complete the repair free of charge, within a reasonable time and without significant inconvenience to the customer. But what constitutes a reasonable time and significant inconvenience? In law, this is not defined, apart from taking account of the nature of the goods and the purpose for which the…
Vehicle modification and remapping are widespread and often not declared by the seller, leaving the buyer none the wiser until something goes wrong. By which time, if outside the 6-month Consumer Rights Act, it can be difficult to prove when the car was remapped and modified. This was the basis of Mrs M’s complaint to…
Because of potentially punitive repair and maintenance costs, provenance is central to the desirability and market value of high-performance and luxury cars. This leads most people preferring to buy from specialist car dealerships for peace of mind and a greater degree of certainty about the servicing and maintenance costs. It was precisely this reason that…
It is a widespread belief that the offer or supply of a courtesy mitigates the requirement (a) to complete vehicle repairs in a reasonable time and without significant inconvenience and (b) refund monthly finance payments. CA Auto Finance shared this view, and that as the attempted repairs on the Alfa were carried out under the…
Distance selling regulations were brought in to increase retail opportunities beyond the geographic limitations of the trading premises, but also while protecting interests of consumers from either mis-selling or mis-describing goods when buying online, and they have a 14-day cooling-off period. These issues are at the centre of this case involving the purchase of a…
Concerns about second hand Hybrid and electric vehicle battery range because of high voltage battery degradation presents a significant concern for buyers. The problem is that although EV batteries lose capacity and range over time there is little or no information about the rate they lose charge and by how much the electric range depletes.…
Have you been told you can’t claim from the selling dealer the cost of unauthorised car repairs by a main dealer? The idea behind this is twofold: Some car dealers and their lawyers have interpreted the law to mean that they have a right to repair a car which is become faulty after 30 days…
Evidence is pivotal to all legal claims and disputes, but what constitutes evidence, what has to be proven and by who often misunderstood. This is never truer that in cases involving car finance complaints and especially those which are made outside the six months of purchase. This was the central issue in this case involving…
When it comes to cars and car engines, low mileage doesn’t always mean low risk and long life, and just because you’ve bought a warranty doesn’t mean it’s worth the paper it’s written on. As the risk of owning a Range Rover increases so does the willingness decrease for warranty companies and dealerships to comply…
The interaction between statutory and legal rights, used car warranties and manufacturer guarantees is often a bone of contention between dealerships, finance companies and customers. Almost without exception, where the buyer has owned the car for 7 or 8 months the trader will suggest liability under the manufacturer’s guarantee for a particular part will take…
A stretched Discovery timing chain can lead to a noisy engine, misfire, restricted performance and potentially engine failure. Ingenium 2.0L Jaguar Land Rover cars seem susceptible to timing chain stretch, but that can be caused by poor servicing and reduced lubrication, whether due to Dpf related issues, oil dilution or blocked oil ways. Car dealers…
The Discovery 5 and Discovery sport are prone to early service warnings and the need for the increased frequency of engine oil and filter replacement because of oil dilution. Because oil dilution can lead to accelerated wear and failure of engine parts and ultimately the engine seizing, regular servicing is crucial. If the Discovery has…
Introduction This is a case involving a faulty Jaguar I-Pace, an EV, bought by Mr T, from Marshall Jaguar Oxford for around £50.000.00 by way of a 60-month car finance agreement with Jaguar Financial Services (Black Horse). Mr T tried to reject it around 18 months after taking delivery. Black Horse, the finance company, issued…
Mr A bought an approved used BMW on finance with Blackhorse for around £15,000. Mr A had the car serviced as required but 2 years after taking delivery of the vehicle the timing chain prematurely failed, causing catastrophic engine failure and requiring its replacement at a cost of around £8,000. The vehicle type had a…
Mr A bought a brand new Range Rover Velar from a dealership on finance. After a couple of weeks, the vehicle started leaking fuel onto his driveway. Additionally, a fault was reported relating to the vehicle “Incontrol” system which failed to accurately record the fuel level, indicating it to have “half a tank” when empty…
Ms H bought an approved used ex-demonstrator BMW X6 M50d from a BMW dealership by way of a regulated consumer finance agreement. Around a year later and having had the car serviced in accordance with the manufacturer’s service schedule, the engine suffered catastrophic failure. Subsequent diagnostic testing revealed the car had suffered “flood damage” which…
Ms E bought a 2008 Audi A3 from a dealer MK for £6000. The Audi is fitted with a DSG gearbox which uses the mechatronic system which in effect consists of an electronic control unit attached to the outside of the gearbox which controls the internal dual clutch system. After owning the car for a…
Mr U saw a Mercedes-Benz Benz GLS 350d AMG LINE for being offered for sale on Autotrader and went to view it. The Mercedes was 2 years old at the time and it was therefore implied that it had 1 year of the manufacturer’s warranty left, so Mr U agreed to buy it for close…
Ms P is a successful, prize-winning international showjumper who rides her own highly prized and valuable thoroughbred horses as well as those owned by her celebrity clientele. In the furtherance of her sport, Ms P, required a larger Horsebox with accommodation facilities and decided to hire rather than buy one, simply as even a good…
Mr & Mrs W bought brand new Land Rover Evoque in 2017 by way of a Hire Purchase Agreement with Blackhorse Financial Services trading as Land Rover Financial Services. Mr & Mrs W also bought a 3 year service plan from the supplying dealer. The Range Rover was serviced a year later in accordance with…
Mr & Mrs W bought a brand new Volkswagen Tiguan R-Line 4motion 2.0 Tdi 190ps DSG from a VW Main dealer in March 2017 by way of a regulated consumer HP agreement. On delivery, Mr & Mrs W became concerned about a strange and unusual “grating” noise from the gearbox which they reported to the…
Ms H bought a Nissan Qashqai from Witham Vehicle Solutions Ltd for £12000 at the end of 2018 by way of a regulated hire purchase agreement. Soon after taking delivery, the car engine developed a “knocking noise,” a strong smell of fuel from under the bonnet and excessive fuel consumption. Witham Vehicle Solutions inspected the…
Mr A acquired a brand new BMW 640i M Sport Convertible in July 2018 for nearly £70,000 by way of a hire purchase agreement from BMW Financial Services. Almost immediately after taking delivery of the Vehicle Mr A experienced problems with it which the supplying dealer tried to repair. However, this was just the first…
Mr M bought a 2011 Land Rover Discovery 3.0L from a car dealer by way of a 60-month conditional sale agreement with Santander consumer finance in March 2018. As a widower, he serviced and maintained the Discovery impeccably, as he needed the Land Rover to make regular trips to the hospital with his young daughter,…
Mr M bought a Porsche Boxster from Wren Prestige Ltd for around £12000, part-exchanging his BMW. The Porsche was advertised as a low mileage example with around 45000 miles on the clock and having good service history, three services carried out by a Porsche main dealer and two by Porsche specialists. After taking delivery of…
Dr C acquired a used BMW X5 eDrive MSport plug-in electric hybrid car from a specialist BMW dealership for £31,750 by way of a 49-month hire purchase agreement with BMW Financial Services (BMWFS) in November 2019. The BMW X5 was represented as having a range of up to 31 kilometres (approx. 19 miles) in the…
Ms S bought a Lamborghini from a dealer for over £100,000 by way of a hire purchase agreement. Soon after taking delivery Ms S experienced difficulties in starting the car and issues in changing gear and it was returned to the dealer, who in turn submitted it to a Lamborghini main dealer. They performed a…
Ms A bought a used car for £11,940 from a trader by way of a regulated hire purchase agreement with Motonovo through a third party broker. A month or so after delivery, Ms A reported the vehicle suspension spring required replacement, a suspected oil leak repair, a noisy heater, air conditioning functional issues, anti-roll bar…
Mr S bought a used BMW M5 from a dealer for around £28,000, which he financed through Blue Motor Finance. Soon after taking delivery the vehicle suffered a sudden and complete loss of power and engine failure, resulting in it being recovered to BMW specialist. This revealed that the cause was more likely than not…
Wet belts are used in Ford, Peugeot. Citroen and Vauxhall vans and vehicles and we have had many enquiries to our legal advice helpline in relation to the premature failure of wet belts causing catastrophic engine failure. In this video we look as a case of a Ford Transit bought from a dealer by way of a Hire Purchase agreement with Oodle Car Finance, which suffered wet belt and engine failure. The finance company obtained a report from Automotive Consulting Engineers which stated the this was not a durability issue and Oodle should not be held liable.