Trading Standards
Consumer Guidance Second Hand Cars
Buying a second hand car can be a stressful experience. You may be buying your first ever car, or looking to replace your current one. The hours spent scouring newspapers, online adverts and visiting people’s homes and traders’ garages can prove to be extremely tiring and disheartening. But this is nothing compared to buying a car that falls apart after you’ve driven it for a few miles. In a six month period from January to June 2008, Consumer Direct received 21,623 complaints about second hand cars. This guide is designed to assist you in getting the right car the first time and prevent you becoming one of the thousands of people who experience problems.
The first problem – choosing which car to buy
With so many cars available now, there is a range of questions that you should be asking yourself before you commit to buy. What size car are you looking for? What kind of journeys will you be doing – travelling up and down the motorway on a daily basis or just pootering around on a weekend? You also need to decide on your budget, which in addition to the cost of the car should include the cost of tax, insurance and running costs.
Where and how to buy your car
There are now a multitude of places to search for and buy your car from.
The main dealer
The main advantage of buying from a main dealer is that they specialize in selling cars from one specific manufacturer e.g. Nissan, Peugeot etc. The cars generally tend to be only a few years old. You can find a car that could still be under a manufacturer’s warranty. However, you can end up paying a lot of money for a nearly new car.
The car supermarket
These are effectively large warehouses full of nearly new second hand cars of all makes and models. Costs for cars can be high, which can lead to the need to take out finance.
The independent garage
There are about fifty independent garages across the borough, and they all sell a variety of second hand cars. You can generally find any make and model, which is great if you are undecided as to which car you would like. The price and quality of cars can vary greatly.
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Online
You should never purchase a car without seeing it first. However, the Internet has become a great place to search. You can search through thousands of adverts for cars for sale across the entire country. You can easily compare prices with different car sellers. You can have instant access to details of cars being sold by both independent garages and private individuals. You can get access to cheaper cars outside of London, however you need to take into consideration the cost of viewing cars at the other end of the country.
Privately
The final place to search for your second hand car is from private individuals. Privately sold cars can be advertised using online magazines, forums, local newspapers or a poster in the window of the car. Illegal street traders can use the last method, so you need to exercise caution and ask certain questions of the seller prior to parting with your money. You do not have the same rights when you buy a car privately. You only have any legal rights if the car does not comply with the description of the vehicle given in any advert. Cars can be cheaper from private individuals as sellers do not have the additional costs of overheads like a garage does.
Buyer Beware
Second hand cars are never going to be perfect and although it might seem tempting, never buy a car just because you like the colour! However, the tips below should help you make the right purchase.
Pre-purchase car checks
Take a copy of any advert you have seen when you go to view a car. Ensure that any statements that are made about the car can be qualified, i.e. if an advert mentions a full service history, it should be readily available when you inspect the car, whether you are buying from a trader or a private seller. Ask to see the log book (known as the V5), which records whether the person selling the car is the registered keeper. Car traders do not need to register their details on a V5 document, however some will if they have had the car for a while. Ask to see any previous MOT certificates so that you can confirm the mileage of the vehicle. Ask if the car has any outstanding finance on it from a previous owner. Seek proof of an HPI check if buying from a trader, or pay for one yourself if buying privately. Look over the car for any defects. Check the bodywork and look for signs of previous repairs. Check under the bonnet for signs of oil leaks. Ask if the car has ever been in an accident or written off by an insurance company. If you have any doubts about the vehicle, walk away – there is always another car to buy. Consider asking the AA or RAC to carry out a pre-purchase vehicle check. These cover bodywork and mechanical defects and can highlight any problem areas prior to purchase. Take the car for a test drive, ensuring that the sales rep or the private seller does not drive you, but that you get an opportunity to drive the car yourself. This gives you an opportunity to notice any problems with the car’s handling.
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Insurance write-offs
There has been an increase in cars that have been ‘written-off’ by insurance companies. This is usually done because a car has become uneconomical to repair. However many cars have only been involved in a minor accident, and a good quality repair by a garage means that the car can safely be put back on the road. Look for evidence from the Vehicle Operator Services Agency (VOSA) that the car has been repaired to a roadworthy condition. If there is any doubt, get in touch with the DVLA and ask if the car has ever been taken off the road for any reason. If the car has been repaired, then ask what work has been done. Look for misaligned bodywork that could affect the resale value of the car.
What is an extended warranty and do I need one?
Extended warranties are normally sold with a nearly new car, however some independent garages now sell 3 or six month warranties to cover you for problems with parts and labour. If they are included in the cost of the car that’s fine, but if you are charged extra, they may not be worth it.
Making a deposit
Deposits form part of a legally binding contract. If you pay a deposit on a car and then change your mind, you are not legally entitled to get your deposit back, so be very sure that you want the car before you pay any money. Beware of traders who ask you to put a deposit on a car while they carry out car checks such as providing a service history or locating the log book. If they are legally entitled to sell the car they should have all this information already.
What are my rights if things go wrong?
When buying a second hand car, you need to recognize that it will not be perfect. You have a responsibility to carry out reasonable checks on a car before you buy it. You have a legal right to expect a second hand car to be fit for its purpose and of a reasonable quality bearing in mind its age and condition. You cannot make a claim for faults that are caused by general wear and tear or are expected in a car of a certain age and mileage. Check website forums and the Internet for information about cars of the same make and age as your car. This can help you identify whether the problem is as a result of a manufacturing defect or just old age. You can make a claim for problems that are unexpected, or if your car is a relatively new one, caused as a result of a manufacturing defect. Depending on the severity of the fault, you can look to reject the car and request your money back or seek a repair at no cost to yourself. If you have bought a car from a trader and it develops a problem soon after purchase, your first step is to contact the trader and ask them to rectify the fault. If they will not take the car back or offer a repair, put your complaints in writing and send the letter by recorded delivery, giving the trader 14 days to reply. If the car has a major fault, or you are concerned about the mileage being incorrect, stop using the car. Continued use of a car that you are looking to reject, will lead to you accepting the car and affect your legal right to ask for your money back.
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If the trader refuses to discuss the matter with you, obtain an independent report on the car. These are available from the AA or RAC. A report from another garage is generally not considered to be independent. Send a copy of the report to the trader and give them a further 10 days to rectify the matter or advise them that you will consider taking legal action to rectify the problem if there is no response. Consider approaching a trade association such as the Retail Motor Industry Federation (RMIF) to mediate on your complaint before taking any court action.
Car scams
Please be aware of a scam currently being run via the Internet, where second hand cars are being advertised for much less money than other vehicles of the same age and condition. Upon making further enquiries with the seller it appears that neither the car nor the seller is in the UK (usually having had to move abroad because of a job relocation). The buyer is asked to transfer money to a foreign bank – and neither the car nor the money is ever seen again. If it seems to good to be true it probably is. Never buy a car that you have not seen in person.
Ealing’s Car Trader Assurance Scheme
Ealing Trading Standards runs a Car Trader Assurance Scheme. It is now in its 10th year. It currently has 6 members and their details and obligations under the scheme can be found at the following link: www.ealing.gov.uk/services/business/trading_standards/car_sellers_scheme/ Whilst it does not guarantee that every car will be perfect, membership of the scheme offers benefits for the consumer, in that members have given an undertaking to take complaints seriously and make all reasonable efforts to resolve problems. It also allows for mediation by a trading standards officer should any complaints be unresolved between the trader and the consumer. This year, Ealing Trading Standards will be encouraging more car traders to become members of the scheme.
Contact Details for further information
Vehicle & Operator Services Agency (VOSA) Berkley House, Croydon Street, Bristol BS5 0DA, Website: www.vosa.gov.uk , Tel: 0870 6060440 Driver & Vehicle Licensing Agency (DVLA) Swansea SA99 1AR, Website: www.dvla.gov.uk , Tel: 0870 240 1285 HPI Dolphin House, New Street, Salisbury, Wiltshire SP1 2PH, Website: www.hpicheck.com Tel: 01722 422422 Retail Motor Industry Federation (RMIF) 201 Great Portland Street, London W1W 5AB, Website: www.rmif.co.uk , Tel: 020 7580 9122
This leaflet is not an authoritative interpretation of the law and is intended for guidance only. Should you require any further assistance on these, or other consumer advice matters please contact Consumer Direct, a Government funded agency that provides initial advice. They can be called on 08454 04 05 06. If you are an Ealing resident, it is quite likely that your enquiry will be passed to Ealing Trading Standards for more detailed advice.
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