Complaints are not going to go away

legal updates

We see too many cases where our client has failed to engage with a customer correctly in the hope that the issue will disappear.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It is so much easier to make a complaint these days. If a consumer is not happy, there are many different channels they can utilise to make their dissatisfaction felt, and that can make our clients’ lives very difficult at times.

One of the biggest issues in attempting to resolve any discontentment as quickly as possible is reaching a solution that is acceptable to both parties.

We see too many cases where our client has failed to engage with a customer correctly in the hope that the issue will disappear; this method is fraught with danger. You sell a car to someone that lives miles away, they will not be physically coming back in to complain, but they will happily email you constantly until the issue is sorted! The fact there is 500 miles between trader and consumer is no guarantee the disgruntled customer will go away.

The lack of contact from the trader invariably ends up with a money claim being issued by the customer. After all, they paid to have the issue resolved and, because of little or no contact from the trader, they want to be reimbursed.

If you are regulated by the FCA, you must follow complaint handling rules. This means you should have a clear complaint handling process. If you are unsure, go to:https://www.handbook.fca.org.uk/handbook/DISP/ for more information.

You may think this is only for complaints involving finance and you are correct. However, if you have a robust complaint procedure, why would you not follow this process for all complaints? Having a strong complaint procedure implemented will help if you cannot resolve the issue, and if the consumer does make a money claim, it will evidence you have attempted to resolve the complaint amicably and in the appropriate timeframe.

The crucial thing here is to keep to the deadlines, this shows that you are taking the complaint seriously. If the customer is unhappy with your response and possibly threatening court action, then I suggest you contact Lawgistics for further assistance.

Complaints are not going to go away, but dealt with correctly, they could help with customer retention. The consumer is well protected, and this is further evidenced by the FCA’s current consultation CP21/13: A new Consumer Duty which is looking to “set higher expectations for the standards of care that firms provide to consumers” and two of the key elements are communications and customer service which form a vital part of any complaints process.

If you need any help with customer complaints, either verbal or written responses, pick up the phone and speak to a legal advisor for assistance.

DMS NavigatorDealer Management System software for Car Sales, Aftersales and eCommerce

Our dealers use us to help them be more Efficient and Profitable!

You can use our Dealer and Lead Management software to integrate all dealership departments, both online and physical ; providing all in-house functions; Invoicing, Stock Management, Accounting and Marketing as well as interfacing for advertising, ecommerce and more.

John McDougallLegal AdvisorRead More by this author

Related Legal Updates

Maintaining professionalism in customer disputes

Your emails may be presented to a judge for review to help decide on how you have handled the matter before the court’s involvement.

Assist your consumer… before it’s too late

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.

Car sold with a fault

Ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

What you pay for is what you get

The consumer presented our member with the bill because they wrongly thought they had the right to do what they wanted.

Inspecting part-exchange vehicles

It is always a good idea to keep a paper trail for any transaction, especially in situations where representations are being made by a consumer.

Does Lawgistics have the longest-running car dispute ever?

Keep tuned in, and maybe before the year 2031, we will be able to tell you how the court determined the matter.

Used car warranties – What are you liable for?

If a fault is found to have been developing at the time of sale, this could become the trader’s responsibility to provide a remedy.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.