June 2018

Van Complaints
nor will damage that follows from modifications
such as engine remapping for performance or fuel
economy.
While similar in operation to cars, van
warranties tend to cover the same period of
time but for greater mileages. A Mercedes
Sprinter, for example, comes with three years
and unlimited mileage. Vauxhall offers three
years and 100,000 miles for heavy vans. In
comparison, Mercedes cars come with three
years and unlimited miles while Vauxhall offers
three years and just 60,000 miles for its cars.
Dealer warranties for used vehicles are normally
allied to those offered by the manufacturer. Vans
will either come with the balance of the
manufacturer’s warranty or a new one-year
warranty.
Alternatively, if the vehicle is older and not bought
from a dealer, it’s possible to opt for a third-party
warranty from a non-affiliated supplier. Clearly,
there are a number of suppliers here and so the
cover, cost, terms and conditions will vary wildly.
The key, as this will be paid for, is to check – that
means read and question – the terms and
conditions of what is being bought. Some may
cover parts, but not labour, others may be for key
components but not everything, and a number will
come with a high initial excess.
Also, be aware that while a warranty from a
manufacturer has no limit on the number or value
of the ‘claims’ that may be made, the same is not
true when a third-party warranty is bought –
there may be a limit on the claims that the
warranty will cover. In other words, it’s important
to check the terms and buy what suits.
And to increase resale value (or at least make the
job easier), ensure that the warranty is
transferable to a new owner.
Making a complaint
Having a warranty is one thing but being out of
warranty is another. So, what can be done if a
dealer or garage refuses to help with a problem
relating to a van bought from them?
“Finally, if there is still
no satisfaction, the last
option to consider is
going to law, but this
really should be the
last resort”
Initially, it’s important to try to sort the matter
out with the dealer directly, possibly asking to
speak to the dealer principle (also known as
the head of business). They are the one with
the absolute power in the dealership to get
things moving; they may also have more
traction with the manufacturer through the
contacts that they have. Polite conversations,
polite letters and common courtesy, together
with provable facts will get a complaint much
further than emotionally-charged rants. Make a
friend of the dealer and a resolution will be
more forthcoming.
If that approach doesn’t work, it’s possible to try
a direct approach to the head office management
of the dealership or even the manufacturer. Their
details won’t be easy to find and communication
will be filtered, but again, a well written email
with nothing but facts may work. Many of the
contact details can be found through
ceoemail.com. It’s free to use.
If there’s no satisfaction the complaint moves
into more uncharted waters. Because the van is
being used for business purposes the Motor
Ombudsman – which to be fair is a voluntary
regime that dealers have to want to join – is out
of bounds; it cannot help.
Another option open to those renting or leasing a
van is to try the British Vehicle Rental and
Leasing Association, BVRLA, a trade body for
companies in the leasing and rental of cars and
commercial vehicles. It has a free to use
conciliation service which has been approved
under the Alternative Dispute Resolution for
Consumer Disputes (Competent Authorities and
Information) Regulations 2015.
The process requires complainants to first fully
exhaust the dealer’s own complaint procedure.
But once initiated, the BVRLA will seek
information from both parties to the dispute,
together with any relevant evidence they wish to
be considered. The BVRLA aims to resolve
complaints within 30 days.
As to what it can look at, the BVRLA will
investigate potential breaches of the Codes of
Conduct, which sets out the standards the BVRLA
expects from its members. The conciliation
service can only look at matters that relate to
disputes arising from the activities of BVRLA
members. See
http://bvrla.co.uk/advice/guidance/using-bvrlasconciliation-service
for more detail.
There are other Alternative Dispute Resolution
(ADR) type conciliation services available
including one from the National Conciliation
Service. A Trading Standards Institute certified
automotive ADR provider, it specialises in
consumer and trader disputes within the
automotive retail sector. It commonly deals with
issues relating to sale contracts of vehicles,
service and repairs contracts of vehicles, used
vehicles and lost deposits. The method of
operation is similar to that from the BVLRA. More
detail can be read at
https://www.trusteddealers.co.uk/complaints/..
No satisfaction
Finally, if there is still no satisfaction, the last
option to consider is going to law, but this really
should be the last resort. The law is blunt,
confrontational and comes with cost. However,
those that are confident that they can prove their
case can take a look at the government’s online
court service at
https://www.moneyclaim.gov.uk/web/mcol/welco
me. Before proceeding, it’s critical to make sure
that the other side is likely to lose and, just as
importantly, have the financial resources to pay
any costs or awards made against them.
Previous Total Vehicles articles can be found in
Contractor’s Corner: www.total-contractor.co.uk
72 TC JUNE 2018