What Happens if a Dealership Can’t Fix Your Car? Your Rights in the UK Explained

Owning a car can be both a blessing and a burden.

When everything’s running smoothly, it’s easy to forget the complexities under the bonnet.

But when something goes wrong and a trip to the dealership doesn’t result in a fix, it can be incredibly frustrating.

In the UK, dealerships are often the go-to solution for car repairs, especially for newer models.

But what happens when they can’t fix your car? Can you get a refund? Are you stuck with a broken-down vehicle? Let’s dive into your rights and options when faced with this dilemma.

Your Consumer Rights When a Dealership Can’t Fix Your Car

In the UK, consumers are well-protected when it comes to faulty products, including cars.

If your dealership can’t repair your vehicle, the Consumer Rights Act 2015 comes into play.

This law is designed to protect you from poor-quality products and services, and it gives you a clear course of action when things go wrong.

If you’re interested in learning more about how to handle issues with car dealerships, check out our page on what to do if a dealership sells you a faulty car in the UK.

The Consumer Rights Act 2015

Under this Act, any goods (including vehicles) you purchase must be:

• Of satisfactory quality
• Fit for purpose
• As described by the seller

If your car doesn’t meet these standards and the dealership can’t fix it, you have rights that allow you to seek a solution, whether that’s a repair, replacement, or refund.

Right to Reject or Request a Refund

If the dealership can’t fix your car after multiple attempts, you may be entitled to reject the vehicle altogether and ask for a refund.

The timing of this matters, though.

You can only reject the car within 30 days of purchase.

After that, you might still be able to request a repair or replacement.

Right to Repair or Replacement

If your car is beyond the 30-day rejection period, the dealership must attempt to repair the fault.

If they fail, you’re entitled to either a replacement or a partial refund, depending on how much the car has depreciated in value.

However, the law states that they should try to repair the vehicle first, and only when repairs are unsuccessful should they consider offering a replacement or refund.

Steps to Take if the Dealership Can’t Fix Your Car

If your car is stuck in an endless cycle of repair attempts, it’s time to take action.

Here are the steps you can follow to ensure you’re not left in limbo.

Ask for a Second Opinion

If you’re feeling uneasy about the dealership’s handling of your car, you might want to seek a second opinion.

While dealerships have qualified mechanics, mistakes can happen.

An independent mechanic may spot something the dealership missed, potentially saving you both time and money.

Request Manufacturer Involvement

If the dealership can’t fix your car, you can escalate the issue to the vehicle’s manufacturer.

In some cases, manufacturers will step in to ensure the problem is resolved, particularly if it’s a common issue or covered under warranty.

File a Complaint with the Dealership

When you’ve had enough of failed repairs, it’s essential to formally complain to the dealership.

Make sure to document every interaction, including repair attempts, costs, and the ongoing issue with the car.

This paper trail will be crucial if you need to escalate the matter further.

Utilising Alternative Dispute Resolution (ADR)

If the dealership refuses to cooperate, you can turn to Alternative Dispute Resolution (ADR).

ADR services act as a mediator between you and the dealership to resolve disputes without needing to go to court.

Many dealerships are part of an ADR scheme, which makes it easier for you to seek a fair resolution.

If you’re curious about the time it takes for repairs or maintenance, you might want to read our guide on how long does it take to service a car at a dealership.

When to Claim for a Refund or Replacement

Sometimes, despite numerous attempts, the dealership just can’t fix your car.

In such cases, you might be entitled to a refund or replacement vehicle.

But when exactly can you make this claim?

Deadlines for Claiming a Refund

If the dealership hasn’t been able to fix your car within a “reasonable time,” you can request a refund.

However, the term “reasonable time” can vary.

Typically, this is seen as no more than 30 days, but if your car is new and still under warranty, the timeframe might be extended.

Evidence Required

To strengthen your claim for a refund or replacement, keep all evidence of the problem.

This includes receipts, repair logs, emails with the dealership, and any independent assessments.

The more evidence you have, the easier it will be to prove the dealership has failed to fix the issue.

Partial Refunds vs Full Refunds

If you’re beyond the initial 30-day rejection period, you may not be entitled to a full refund.

Instead, you could receive a partial refund based on the current value of the car.

This will factor in any depreciation since you bought the vehicle.

If the dealership offers a replacement instead of a refund, ensure that the replacement is of equal or greater value.

Can You Take Legal Action Against the Dealership?

In cases where the dealership is unwilling to help, you might need to consider legal action.

Although this can seem like a daunting step, it’s often a last resort that can lead to a resolution.

Small Claims Court Process

If you believe the dealership hasn’t upheld its end of the deal, you can file a claim in the Small Claims Court.

The process is relatively straightforward, and you don’t need a solicitor.

However, you’ll need to gather all relevant documentation to present your case.

Costs Involved in Legal Action

Filing a claim in the Small Claims Court does involve fees, which are usually proportionate to the amount you’re claiming.

For claims under £1,000, the fees are modest, but for larger claims, they can increase significantly.

Always weigh the potential cost of legal action against the value of the outcome.

Legal Support and Advice

If you’re unsure whether legal action is the right step, it’s worth seeking advice.

Citizens Advice can offer free guidance on your rights and potential courses of action.

In some cases, it might be worth consulting with a solicitor, particularly if your claim is complex or involves a large sum of money.

What Happens if the Issue Is a Manufacturing Fault?

Sometimes, the problem isn’t the dealership’s incompetence but a manufacturing fault.

If that’s the case, you may have additional options for getting your car fixed.

Manufacturer’s Warranty

Most new cars come with a manufacturer’s warranty, which covers defects for a set period (usually 3-5 years).

If the issue is due to a fault in the manufacturing process, the manufacturer may be responsible for fixing the problem, not the dealership.

In this case, you can contact the manufacturer directly and ask them to arrange a repair or replacement.

Lemon Laws in the UK

While the UK doesn’t have specific “lemon laws” like in the US, consumer protections under the Consumer Rights Act serve a similar purpose.

If your car is repeatedly faulty and can’t be repaired, you may be entitled to a replacement or refund under UK law.

Getting a New Vehicle

In some cases, if the problem is significant and the dealership or manufacturer can’t resolve it, you might be offered a replacement vehicle.

This is more likely to happen if your car is relatively new and the fault is major.

How to Prevent Future Issues with Dealership Repairs

While it’s impossible to predict every problem, there are steps you can take to avoid getting stuck with an unresolved repair issue.

Checking Dealer Reviews and Certifications

Before committing to a dealership, do your research.

Look for reviews from other customers and check if the dealership is certified by reputable automotive organisations.

A little research beforehand can save you from dealing with dodgy repair shops.

Requesting Detailed Repair Documentation

Always ask for detailed documentation after each repair attempt.

This should include a breakdown of what was fixed (or attempted) and any findings from the mechanic.

Keeping a paper trail will help you hold the dealership accountable if things go wrong.

Using Independent Garages for Future Work

While dealerships are the default for warranty repairs, independent garages can often provide more personalised service at a lower cost once your car is out of warranty.

Many independent garages offer guarantees on their work, giving you peace of mind without the high costs of dealership services.

FAQs

What happens if my car is under warranty and the dealership can’t fix it?
If your car is under warranty, you should contact the manufacturer to escalate the issue.

They may offer a solution, including repairs at another dealership or a replacement vehicle.

Can I demand a replacement vehicle immediately?
You cannot demand an immediate replacement unless the issue is significant and the dealership has failed to repair it after several attempts.

However, you can request a replacement or refund if the problem persists.

Do I need to keep paying finance on a car that isn’t repaired?
Yes, you are still obligated to continue your finance payments unless you’ve successfully rejected the car or agreed to return it.

It’s best to consult with the finance provider if repairs are ongoing.

How long does the dealership have to fix my car under UK law?
The law doesn’t specify an exact time frame, but it must be within a “reasonable time.”

If the dealership takes too long or cannot fix the car, you may be entitled to a refund or replacement.

Conclusion

If a dealership can’t fix your car, it can feel like you’re trapped in an endless cycle of frustration.

But UK consumer rights provide you with several options to resolve the issue, from requesting a repair or replacement to taking legal action.

By understanding your rights and keeping detailed records, you can make sure you’re not left out of pocket.

In the end, a bit of patience and persistence goes a long way.

Whether it’s escalating to the manufacturer or taking the dealership to court, you have the tools to ensure you’re treated fairly.

Are you looking to buy a new used car? Contact us today and we can help you!