Your business should have a written complaints procedure

legal updates

All businesses regulated by the Financial Conduct Authority (FCA) must follow complaint-handling rules.

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.

Although you will all deal with complaints in your own way, it is worth repeating the contents of the Financial Ombudsman Service (FOS) website on complaints:

All businesses regulated by the Financial Conduct Authority (FCA) must follow complaint-handling rules. These require each business to have in place and to follow an effective, clear complaints-handling process.

Under the rules, businesses must:

  • have processes for handling complaints fairly and promptly
  • publish a summary of their in-house complaint handling process
  • refer in writing to the availability of this summary at (or immediately after) the point of sale or the point of first contact with the customer
  • give this information in writing to customers when requested and when acknowledging a complaint

When handling complaints, your business should:

  • send the customer a prompt written acknowledgment or a summary resolution communication (if the complaint can be resolved within 3 business days)
  • keep the customer reasonably informed about the progress of their complaint
  • send the customer a final response

You must use this procedure to deal with any customer complaint.

So, your business should have a written complaints procedure, preferably visible on your website.

Here is an example:

Treating Customers Fairly – Alternative Dispute Resolution

In the unlikely event you experience a problem, we have set out below our complaint procedure:

  1. Please contact us immediately if you have a problem. We cannot be responsible for any work you have undertaken on your vehicle elsewhere.
  • We will discuss your issue with you and this may involve liaising with the finance company and/or warranty provider if you have one.
  • If you would like a repair, replacement, price reduction or refund, you will need to provide evidence of the alleged fault and personally bring the vehicle back to our premises which will normally be at your cost, unless otherwise agreed. We will use our best endeavours to minimise any inconvenience to you.
  • If we cannot verbally agree on a way forward, we ask that you put your complaint in writing. We may pass this complaint on to our legal team.
  • If we reach deadlock, you will be advised, in writing, that we cannot agree a settlement. In that deadlock letter we will provide you with the details of an approved Alternative Dispute Resolution (ADR) provider to whom you can refer your complaint.
  • If your complaint relates to how your finance was arranged, you can refer the matter to the Financial Ombudsman Service  at www.financial-ombudsman.org.uk

ADR is designed to be an alternative to court and as from 1 October 2015, if we cannot reach an agreement about a repair, replacement, price reduction or refund, we are required by law to inform you of the name and website address of a Trading Standards approved ADR body to whom you can refer your complaint. However, we are only obliged to participate in ADR if it is a condition of any trade association to which we belong.  You will be advised of any such membership condition in the deadlock letter as part of our complaints procedure.

A list of ADR approved bodies can be found at :-

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.

www.tradingstandards.uk/advice/ADRapprovedbodies.com

If you require any more information, please get in touch.

Darren FletcherLitigation ExecutiveRead More by this author

Related Legal Updates

“Running Well”: Two words that cost a consumer £3,300

The judge found our member’s repairs were sound and ruled the email undercut the later allegations, dismissing the claim and awarding expenses.

The photo you didn’t take could cost you thousands

Proving a vehicle’s condition at handover is the difference between recovering costs and footing the bill.

They Broke It, You Don’t Pay: Intervening Acts that defend dealer claims

When damage stems from what a customer did after purchase, you may not be on the hook.

Is the legislative framework outdated or misunderstood?

A claimant mixed pre-2015 laws with a post-2015 car purchase and the result was, frankly, embarrassing.

Come On, Baby, Light My Fire

If a car goes up in smoke, does the buyer’s insurance mean the trader escapes liability? Here’s how insurer involvement really works…

Don’t Get Soaked: The Habitation Checks That Stop Motorhome Rejections

Buyers are rejecting motorhomes for damp, leaks and unsafe cabins. Here’s what to inspect in the habitation area and why a simple pre-sale check can save you a costly Consumer Rights Act dispute.

Can You Claim What You Haven’t Lost? The ‘No Loss’ Principle Meets s19 CRA 2015

A live claim against a member raises a sharp question: if no money has changed hands and only deductions are in dispute, has the claimant suffered a recoverable loss?

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.