It is common for consumers to write to traders about every little thing that may go wrong when they purchase a vehicle. Even if you do not believe you are liable to assist, you should respond to the consumer and gather some evidence to support your decision.
Whether this means that you inspect the vehicle yourselves and create a report that supports your decision or you advise the consumer to take the vehicle to a trusted, local garage (if distance is an issue), you must have a written record of the actions agreed on and completed. If a consumer is ignored or refused assistance by you, and a repair is carried out, you will no longer be able to inspect the failed component.
Although you could argue you should not be liable to reimburse for third party repairs that were undertaken without your authorisation, a recent court case confirms this is not reason enough to not assist a consumer.
The deciding factor in this particular case highlighted that if a trader does not action any response or assistance to ascertain the source of the issue, and ultimately proves that the issue was not present nor developing at the time of sale, they may be in a difficult position when it comes to reimbursing the cost for repairs.
If a consumer contacts you with an issue, regardless of how ridiculous it may seem, you must take the opportunity to inspect. Always ensure you have evidence that you can present to a judge if needed.
On average 55 vulnerabilities are identified daily.
What can I do?
Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
If you’re unable to answers these questions, you need help from the experts.
