Should Dealer's Website contain detail of complaint procedure and any ADR?

[BCOMDAVE]

Greetings All.

 

First post (hopefully of not too many, but think there may be a few in the pipe).

 

If a Dealer's Website says:

 

"Complaint Procedure"

- Awaiting Content"

 

of course there's nothing about any trade bodies or ADR channels.

 

is this a breach of law and if so which legislation/ASA code etc?

 

Is it worthy of an additional 'complaint' ?

 

Thanks for your time.

[BankFodder]

No, it's not against the law. No obligation to publish your complaints procedure – but it shows a shoddy attitude and hardly acts as a recommendation to buying from the dealer.

 

On the other hand, if they are selling online then it amounts to an online/off premises sale in which case the contract is not complete until they have provided you with written details of the cancellation procedure and cancellation rights – and failure to do that means that the 14 day cooling off period has not even begun and in any event, failure to provide you with details of your cancellation rights is an offence.

 

Check the Consumer Protection Regulations 2014

[BCOMDAVE]

Wow.

 

Thanks for the amazingly prompt answer. I'll start to review the reference you've mentioned.

 

So, "....in which case the contract is not complete ...." I presume that the trader can still be in breach for failure under the CRA even if this offence pre-dates the failure of the goods?

 

As you may guess I am currently 'in dispute' but I'll post that properly in another thread when I get the time. It's a steep and time consuming learning curve at the moment. Still ploughing through the CRA.

 

I think that my case and experience could provide some useful info, but I'd like to be a bit more sure of things before I go posting details.

 

Thanks again

[BankFodder]

The best thing you can do is to post up your story and let people come and advise you or ask further questions.

 

Also, I notice that you are referring to a failure of the goods. In that event, your cancellation rights have nothing to do with it. If the goods have failed within 30 days of the date of the contract then you have a right to reject them out of hand or insist on a repair – at your choice. If the goods fail within six months of the contract then they are entitled to be given one opportunity to repair – after which you can insist on a refund.

 

You really should sit down and tell us the story

[BCOMDAVE]

Ok. Thanks. I've worked that bit out and formally rejected using Short-term right to reject first 30 days and requested full refund in 14 Days by same method as payment I've also started a Section 75 via my bank as I paid the deposit on a credit card.

 

Please stand by it might take a little while to draft the whole story and I'll post as a separate thread.

 

Thanks again for the support.

 

Sorry, "Failure of the goods" is not the right terminology.

 

Should be not of "satisfactory quality" and "not fit for purpose". (I'm sure some may want to pick this apart later but we will see.

[ericsbrother]

did you take it for a test drive of did you rely solely on the web site and then slap down a deposit over the phone for example? Distance selling gives you extra rights within a limited time so if there is a problem with the vehicle and you are now out of time the it isnt an argument that will hold water to claim that a month ago some bloke didnt tell me I had a fortnight to bring it back. Use the law regarding quality and purpose as they will stand up regardless if there is a problem with the vehicle

[BCOMDAVE]

Thanks,

 

Already exercised Short-term Right to reject as above. I will, (honest gov) post the story, but enmeshed in a raft of other stuff at the moment - just found out Post Office have 'lost' the V5C that they should have delivered to DVLA - so this really is a lucky car.

 

Let's pick it up in the proper thread,

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?488346-Inhuman-Post-Office

 

Kind Regards,

Edited July 2, 2018 by Andyorch
Link to other thread.