Car Buyers May Have Legal Recourse Over Subscription-Based Features
Consumer rights expert advises buyers on potential claims against dealerships for features sold as included but later requiring payment.
A consumer rights expert has outlined potential legal avenues for car buyers who discover that features, such as built-in satellite navigation, which were demonstrated as part of the purchase, later require a monthly subscription.
According to Dean Dunham, writing in the Daily Mail, a car owner found that their satnav stopped working a year after purchase and demanded a subscription fee. The dealership stated that some manufacturers charge for such services and that they could not intervene.
Dunham argues that the Consumer Rights Act 2015 is pertinent in such cases. This act mandates that goods must match any description given at the point of sale. If a salesperson demonstrated a working, built-in satnav as a feature without mentioning any future subscription requirement, the car may not align with what was sold.
Furthermore, the Consumer Protection from Unfair Trading rules are relevant. These regulations prohibit traders from providing misleading information or omitting crucial details that influence a buyer's decision. If a subscription requirement existed or was planned and not disclosed at the time of sale, this omission could be considered misleading.
Dunham emphasizes that the contract is between the buyer and the dealership, not the manufacturer. Therefore, a dealership cannot disclaim responsibility by citing a manufacturer's subsequent policy changes. If a feature was presented as included, placing it behind a paywall retrospectively is a matter for the seller to address.
Buyers in this situation are advised to write to the dealership, citing the Consumer Rights Act 2015. The letter should state that the satnav was demonstrated as an included feature, now requires payment, and demand that the dealership honor the original terms or provide appropriate compensation. If the dealership refuses, the matter may be pursued through the small claims court. Buyers should retain any documentation that lists the satnav as a feature.
In a separate consumer issue, Dunham addressed a complaint about a neighbor's loud jukebox. He advised approaching the neighbor directly first to resolve the issue amicably. If that fails, contacting the local council's environmental health team or the neighbor's landlord are the next steps. Loud music can be considered a statutory nuisance under the Environmental Protection Act 1990 if it unreasonably interferes with the enjoyment of neighboring properties or affects health. The frequency, duration, and audibility of the music strengthen a case. A diary of disturbances and potential recordings or accounts from other neighbors can support a complaint. The council can issue an abatement notice, and failure to comply can lead to prosecution and possible seizure of the noise-making equipment. Landlords may also intervene if their tenancy agreements prohibit nuisance behavior.