An interview with Trading Standards Institute

The Trading Standards Institute is a professional membership association formed in 1881. It represents trading standards professionals in the UK and overseas – in local authorities, the business and consumer sectors and in central government.

It exists to promote and protect a vibrant economy, and to empower consumers, by encouraging honest business and targeting rogue traders.

As cars make some of the most complained about products, RoadTestReports.co.uk spoke to Peter Stratton, the institute’s lead officer for the motor trade, to find out where you, as consumers, stand when it comes to your rights as car buyers.

1. According to a recent survey by Consumer Direct, second-hand cars bought from independent traders are the most complained about products. Why is this? What can car buyers do to protect themselves against poor cars?

The reason for the high level of complaints is due to consumer either buying cars in poor condition or from car dealers who will not remedy the causes of dissatisfaction. Consumers should take care to ensure that the car dealers they buy from are reputable. They can do this by ensuring they are members of a trade association or local Trading Standards approved ‘Buy with Confidence’ type schemes. However consumers should also take care by looking for vehicles that have been properly maintained, that have a documented service history and a guaranteed mileage.

2. Equally car repairers and garages came 5th in the same survey. What protection do consumers have against rogue repair businesses?

The SMMT ( Society of Motor Manufactures and Traders) now have an OFT approved Code of Practice [run by Motor Codes Ltd] for the garage service and repair industry. This code sets out a broad range of standards that subscribers have to conform to. The code has a complaints procedure the garage has to comply with in dealing with consumer dissatisfaction.

3. What rights do you have if you buy a car from a private seller?

The only redress you have when buying privately is that the car must be as described. When buying from a trader the car has to be of satisfactory quality, fit for its intended purpose and as described.

4. What if I have a complaint about a finance package sold to me from the dealer or broker?

In the first instance go to Consumer Direct, telephone 08454  040506.

5. Many complaints arise when dealers won’t carry work out under warranty. What can consumers do to ensure that dealers don’t try to label required repairs as the driver’s fault?

The only way consumers can protect themselves in these circumstance is by getting an independent engineer to give an opinion.

6. What if the retailer agrees to repair the vehicle, but the consumer remains unsatisfied with the vehicle?

The consumer should do everything to resolve the complaint by using Trade Associations or by negotiating with the retailer but finally they would have to consider a small claims court action.

7. Who can car buyers contact if disputes over the sale of a vehicle remain unresolved?

If it is a new car, contact the SMMT’s subsidiary Motor Codes Ltd and use either the arbitration service or take advice from Consumer Direct.

8. It has been in the news a lot lately that car buyers are unwittingly buying ex-rental and ex-driving school cars. Does the consumer have a right to know what the vehicle has been used for and is it accurate to describe such cars as having had ‘one owner’?

There are quite recent changes to consumer protection legislation. Consumers are now protected by the Consumer Protection Regulations, which cover the situation described here.  The Office of Fair Trading (OFT) are considering giving guidance to the trade on these regulations to clarify some of the key issues.

9. Where can consumers go for more information on their legal rights?

In the first instance consumers should contact Consumer Direct on 08454  040506 or  visit the website www.consumerdirect.gov.uk . Consumer Direct is a national helpline and online service providing clear and practical consumer advice. The service is funded by the Treasury and delivered in partnership with the OFT and local authorities.

Author: Faye Sunderland, October 20th, 2009
Filed under: Interviews, Latest news | 4 Comments »

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