Best Auto Dealer Fraud Lawyers in Stonehaven

About Auto Dealer Fraud Law in Stonehaven, United Kingdom

Auto dealer fraud covers situations where a motor trader misleads a buyer or breaches consumer law when selling a vehicle. Common examples include hiding a serious fault, misdescribing history or mileage, failing to disclose that a car was an insurance write-off, or pressuring a buyer into unfair finance. Stonehaven sits within Aberdeenshire in Scotland, so Scottish law and UK-wide consumer rules apply. Most consumer protections come from the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008, which apply to car purchases from dealers. Trading Standards services and the Motor Ombudsman play important roles in enforcement and dispute resolution.

If you suspect misleading advertising, odometer tampering, hidden accident damage, or that your car is not of satisfactory quality, you may have legal remedies. Remedies can include repair, replacement, a price reduction, or rejecting the vehicle for a refund, depending on timing and facts. Where finance or credit cards were used, you may also have claims against the lender. In serious cases, there can be criminal implications for the trader.

Why You May Need a Lawyer

A lawyer can help you evaluate your rights, gather evidence, and push for an effective resolution. Consider legal help if any of the following apply:

- The dealer denies basic rights under the Consumer Rights Act 2015, such as the short-term right to reject within 30 days for serious faults.

- There is suspected fraud, such as mileage manipulation, cloned identity, or concealed write-off status.

- The fault is serious or safety related, or the car may be unroadworthy.

- You financed the car and need to coordinate claims against both the dealer and the finance company or credit card provider.

- The dealer refuses to repair, replace, or refund, or is ignoring correspondence.

- Your losses include consequential costs such as recovery, diagnostics, loss of use, or increased insurance premiums.

- You need a formal letter before action, negotiation, representation in the Motor Ombudsman or court, or advice on prescription and time limits in Scotland.

Local Laws Overview

- Consumer Rights Act 2015 applies in Scotland. A car from a dealer must be of satisfactory quality, fit for purpose, and as described. If a fault appears within 30 days you have a short-term right to reject for a refund. Within the first 6 months, the law presumes the fault was present at delivery unless the dealer proves otherwise. You are usually entitled to repair or replacement first. If that fails or is not possible, you can claim a price reduction or final right to reject. After 6 months you still have rights, but the burden of proof reverses.

- Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading actions and omissions. Examples include false claims about mileage, ownership, service history, prior use as a taxi, or accident status. These are enforceable by Trading Standards and can be criminal offences.

- Road Traffic Act 1988 prohibits sale of unroadworthy vehicles in certain circumstances. A dealer must not sell a car for road use if it is unroadworthy unless specific conditions and disclosures are met.

- Consumer Contracts Regulations 2013 provide cancellation rights for distance or off-premises sales, such as online or telephone purchases, with specific information and refund duties.

- Credit and finance protection. Under the Consumer Credit Act 1974 Section 75, if you paid by credit card or entered into certain credit arrangements, the card issuer or lender can be jointly liable for breach or misrepresentation for purchases between set monetary thresholds. Hire purchase and conditional sale agreements also carry specific rights.

- Scottish prescription periods. In Scotland, most contractual and misrepresentation-related claims prescribe after 5 years from when you became, or reasonably could have become, aware of the loss and who caused it. Time limits can be complex, so early advice is important.

- Criminal law in Scotland. Serious deception can amount to the common law crime of fraud. You can report suspected criminal conduct to Police Scotland, while Trading Standards handle regulatory breaches by traders.

- Local enforcement. Aberdeenshire Council Trading Standards covers Stonehaven. Consumer complaints are typically triaged by Advice Direct Scotland, which can refer cases to local Trading Standards officers for investigation.

Frequently Asked Questions

What counts as auto dealer fraud?

Fraud includes misleading actions or omissions that induce you to buy or pay more. Examples include clocked mileage, hiding write-off or outstanding finance, fake service history, saying a car is one owner when it is not, or describing a car as accident-free when it has been significantly damaged.

What are my rights if the car has a fault soon after purchase?

If you bought from a dealer, the Consumer Rights Act 2015 gives you a short-term right to reject within 30 days for faults that breach satisfactory quality, fitness for purpose, or description. Alternatively, you can choose a repair or replacement. Within 6 months there is a presumption the fault existed at delivery unless the dealer proves otherwise.

Can I return a car bought on finance?

Yes, the same consumer rights generally apply because the dealer supplied the car. You should also notify your finance company. Under credit law, the lender can be jointly responsible for breach or misrepresentation in many cases. Do not stop payments without legal advice, but do put the lender on notice promptly.

What if I bought the car privately rather than from a dealer?

Private sales have fewer protections. The seller must not misrepresent, but there is no implied obligation that the car is of satisfactory quality. You can still pursue the seller for misrepresentation or fraud, but it can be harder to prove and recover. Independent reports and documentary evidence can be crucial.

How do I prove the dealer misled me?

Collect adverts, screenshots, emails, text messages, sales invoices, finance documents, warranties, MOT and service records, V5C details, HPI or history checks, and photos. Get an independent inspection report if possible. Keep notes of conversations and timelines. Written evidence carries significant weight.

Is odometer clocking illegal?

Misrepresenting mileage to sell a car is unlawful under consumer protection rules and may be criminal fraud. Even if the mileage was changed for legitimate reasons, a trader must not mislead you. If mileage is uncertain, it must be clearly disclosed as such.

What time limits apply to claims in Scotland?

For dealer sales, you have 30 days to exercise the short-term right to reject for qualifying faults. Within 6 months the law presumes a fault existed at delivery. Contractual and related claims usually prescribe after 5 years from when you knew or should have known about the loss and the party responsible. Seek advice early to avoid missing deadlines.

What if the dealer refuses to fix the problem?

Write to the dealer clearly setting out the issues and your desired remedy, with a fair deadline. If they refuse or delay, escalate to the finance company if applicable, consider the Motor Ombudsman if the dealer is accredited, report to Advice Direct Scotland for Trading Standards referral, and seek legal advice on a formal letter before action or court proceedings.

Do warranties affect my consumer rights?

Warranties are optional extras and do not replace your statutory rights. A dealer cannot limit your rights under the Consumer Rights Act 2015. If a warranty refuses to pay, you may still claim against the dealer for breach of statutory rights or contract.

Can I recover costs like diagnostics, recovery, or loss of use?

Yes, if the dealer breached contract or misled you, you can often claim reasonably foreseeable losses such as inspection fees, towing, and sometimes loss of use. Keep all receipts and evidence. A lawyer can help quantify and present these losses.

Additional Resources

Advice Direct Scotland - Scotland wide consumer advice service that triages complaints and can refer matters to your local Trading Standards, including Aberdeenshire Trading Standards for Stonehaven residents.

Aberdeenshire Council Trading Standards - Investigates unfair trading by motor dealers, misleading adverts, and sales of unroadworthy vehicles.

The Motor Ombudsman - Industry alternative dispute resolution for accredited motor traders, covering new and used car sales, service, and warranties.

Financial Ombudsman Service - Free dispute resolution for complaints about car finance, hire purchase, and credit card Section 75 claims.

Police Scotland - For suspected criminal fraud, cloned vehicles, or theft related matters.

DVLA - Vehicle registration, V5C, and records queries, including checks on category write off status and plate changes.

Citizens Advice Scotland - General guidance on consumer rights and help preparing complaints.

Scottish Courts and Tribunals Service - Information on raising a Simple Procedure claim or other civil actions in the Sheriff Court serving Stonehaven and Aberdeenshire.

Independent vehicle inspection services - Qualified engineers can provide reports on condition, accident damage, and mileage concerns to support your claim.

Next Steps

Step 1 - Stop and assess. If there is a safety concern, stop using the vehicle. Note all symptoms and timelines immediately.

Step 2 - Gather documents. Save adverts, sales paperwork, finance agreements, emails, texts, service and MOT records, HPI or history checks, and photos. Keep a log of calls and promises.

Step 3 - Obtain an independent inspection. A written report from a qualified engineer can be decisive, especially on hidden damage or mileage discrepancies.

Step 4 - Write to the dealer. Set out the faults, the legal basis for your claim, and the remedy you want - repair, replacement, price reduction, or rejection - with a clear deadline for response.

Step 5 - Notify the finance or card provider. If you paid by credit card or used finance, inform the lender and consider a Section 75 or related claim. Provide the same evidence.

Step 6 - Consider alternative dispute resolution. If the dealer subscribes to the Motor Ombudsman, submit a complaint. This can be quicker and lower cost than court.

Step 7 - Report to consumer authorities. Contact Advice Direct Scotland for guidance and potential referral to Aberdeenshire Trading Standards if there are unfair trading practices.

Step 8 - Seek legal advice. A solicitor experienced in consumer and motor disputes in Scotland can send a formal letter before action, quantify losses, and guide negotiations.

Step 9 - Court action if needed. If settlement fails, your solicitor can advise on raising a claim in the Sheriff Court and on evidential requirements, prescription, and litigation risks.

Step 10 - Preserve the vehicle and evidence. Do not authorise repairs or modifications without documenting the condition, unless safety requires it. Keep all invoices and reports.

This guide is general information. For tailored advice on auto dealer fraud in Stonehaven and the surrounding area, consult a Scottish solicitor or an accredited consumer adviser as early as possible.