Consumer Enquiry Form

Preliminary information
/ Before contacting The Motor OmbudsmanI have contacted the accredited business and they have given a final response or more than 8 weeks has passed since I raised my complaint. (Please tick to confirm)
Please tick to confirm you are the vehicle owner and that by submitting this form you confirm you have read and understood the terms of our service (if you are not the vehicle owner you must submit written permission from the vehicle owner consenting to you acting on their behalf)
My enquiry concerns (Please tick one or more)
My new car warranty / My extended warranty / A service or repair carried out to my car / A vehicle purchase
TMO reference no: / (Please enter if you have been provided with one)
Section 1 - Your details / Section 2 - Vehicle details
Your name / Make
Address / Model
Address line 2 / Reg. no.
Town / Purchased date
County / Purchased from
Postcode
Phone no. / Section 3 – Garage / retailer details (if applicable)
Email / Garage name
Where did you hear about us? / Garage location
Approx. value of claim? / Accredited business no. (if known)
What outcome are you seeking? / Invoice number if known
Who is your dispute with? / Who dealt with your complaint?
Section 4 – Extended warranty details
(if applicable) / Section 5 – Vehicle faults and issues
Warranty provider / Vehicle faults
(if applicable)
Policy no.
Product type / Main issues

Section 6 – Brief outline of complaint including the resolution you are seeking

Section 7 - Supplementary information

Please attach/enclose documents relevant to your case - e.g letters you have sent and received from the vehicle manufacturer/warrantyadministrator or garage

Consumer Enquiry Form Guidance Notes

PLEASE REFER TO THESE NOTES FOR GUIDANCE ON HOW TO COMPLETE THE ENQUIRY FORM.

Preliminary information

Please confirm that you have contacted the vehicle manufacturer/warranty administrator and/or the garage and discussed your concerns with them before contacting Motor Codes. Motor Codes will not be able to progress your case until you have done so.

Section 1 – Personal information

Please ensure you complete all information in these fields. Please note that this form and the information enclosed will be shared with the subscriber and/or any other third party that may be involved such as the manufacturer.

Section 2 – Vehicle details

Please ensure you complete all information in these fields including the garageto which the vehicle was taken.

Section 3 – Garage details

Please ensure you include details of the garage where any work was carried out.

Section 4 – Extended warranty details

This only applies to issues under the Motor Industry Code of Practice for Vehicle Warranty Products.

Section 5 – Vehicle faults

Please include in this section the most recent vehicle fault you have complained about to the vehicle manufacturer/policy provider/garage.

Examples – clutch, brake, head gasket, tyres, windscreen, steering, suspension, paint etc

Section 5 – Main issues

Please include in this section more specifically your current issue after raising your concern with the vehicle manufacturer/policy provider/garage.

Examples - No response to my correspondence from vehicle manufacturer; reoccurrence of problem that was repaired under warranty; not satisfied with manufacturers’ offer; repair work not covered under warranty; exhausted manufacturers’ complaints procedure; expiration of manufacturers’ warranty; not satisfied with goodwill offer; anti-corrosion policy; not covered due to wear and tear; product interpretation; delay in authorisation etc

Section 6 - Brief outline of complaint (1000 character limit)

This section is for you to outline the most recent events that led to you having to complain to the manufacturer/policy provider/garage and the response you have received from them.

Section 7 – Supplementary information

Please only attach/enclose the most recent and relevant correspondence from vehicle manufacturer/policy provider/garage and/or the most recent correspondence you have sent to them.

Please also attach any invoices, service history documentation etc where applicable.

Submitting the completed form

By submitting your enquiry you agree to terms of use. You can submit your form by one of the following methods:

Email:

Fax:020 7344 1678

Post:The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN

Web:If you have created an online account you can login and upload your completed form online at

Adjudication terms of use

  1. The rules apply to disputes between two parties; the accredited business and the consumer, together “the parties”. The rules may be adapted for disputes involving three or more parties at the Code adjudicator’s discretion. However If the vehicle was bought in or is registered in the name of the business, or is primarily used for business purposes, then The Motor Ombudsman may be unable to consider the complaint.
  1. The consumer must confirm on the application form that every reasonable effort has been made to resolve the dispute with the accredited business in-line with its complaints procedure and has given the accredited business at least eight weeks to respond. You do not have to wait eight weeks if you receive a final response.
  1. The service does not apply to complaints where the award would exceed £10,000 or, where appropriate, the value of the vehicle - or to complaints concerning physical injury, illness, stress or nervous shock or their consequences, non-demonstrable losses, criminal activity or claims of negligence.
  1. Consumers have six years from the date of the event to raise a complaint with the accredited business. Once a complaint has been made, the consumer then has six months from the date of the final response letter or, if no response is received, six months from the date of making the complaint to the business, whichever is the latter, to bring the case to the Motor Ombudsman.
  1. The service is designed for use without the need for legal representation. However, any party may choose to be represented by a third party but do so at their own cost which may not be recovered within the service or any subsequent legal action. If you are representing someone else you must declare this and have their express permission in writing to act on their behalf.
  1. We may refuse the case on the basis the complaint has already been resolved and you have accepted a remedy in full and final settlement or if it has been escalated through another ADR service. We reserve the right to close the case if you pursue the complaint through another channel once proceedings have begun.
  1. The Motor Ombudsman will not provide alternative dispute resolution where a legally binding judgement has already been made but may record details about the nature of the dispute for monitoring purposes.
  1. A consumer may request the return of any original documents but must do so within 14 days of the case outcome being awarded, after which date the Code administrator will destroy them. A soft copy will remain on file as part of the case files for a reasonable time thereafter.
  1. A consumer can withdraw from the proceedings at any stage by notifying the adjudicator.
10.Either party can request a final decision. If a final decision is made and accepted by the consumer, then this becomes legally binding on both parties.

Please note that an Adjudicator shall also have the power to:

  1. Allow submission of further evidence and the amendment of the claim or defence;
  1. Order the parties to produce goods, documents or property for inspection - failure to do so may result in the case being declined and or an award being made in its absence which may not be overturned if this information is later disclosed after being withheld;
  1. Receive and take into account any oral or written evidence as the adjudicator shall decide to be relevant;
  1. Request the consumer to appoint an expert to report on specific issues where evidence is required to support their complaint.
Confidentiality

By submitting your request for adjudication, you are giving consent for The Motor Ombudsman to pass your complaint and any supporting evidence to the accredited business you have raised a grievance against as part of the process. The Motor Ombudsman shall not disclose details of the proceedings to any stranger to the proceedings unless it is necessary to do so in order to enforce a binding settlement or as may be required by law. Notwithstanding the foregoing, the Code administrator may collate and process data pertaining to the use of the service, compile, analyse and publish statistics and monitor and review the operation of the service provided always that (save with the express consent of the parties) no personal data, privileged or confidential information shall be published.

Early resolution

The Motor Ombudsman will always seek to resolve a dispute as quickly and efficiently as possible. As such, if a dispute is considered low-level or the vehicle may still be at the garage and a dispute has ensued onsite, an adjudicator will look to resolve the complaint without a formal adjudication. The adjudicator will assess whether this method is appropriate to resolve the matter and make contact with both parties to see if it can be settled without formal proceedings. This decision is within the adjudicator’s discretion and if they do not think a dispute is suitable for early resolution, for example if it is more complex or evidence needs to be supplied, then we will adopt the formal adjudication procedure.

Adjudication

Adjudication is a form of alternative dispute resolution (ADR) which is intended to provide a swift and efficient decision without the need for legal action. In consumer disputes, an adjudicator looks at information provided by both parties to reach a fair and impartial outcome based on the facts and evidence. Both the consumer and the subscriber will be asked to give written details of the complaint, including any evidence, and the adjudicator will decide whether the complaint is upheld and, if so, what the subscriber should do to put things right. Either party can ask an ombudsman to make a final decision on the complaint if they disagree with the outcome.

Final decision

A final decision is made by an ombudsman, who is independent and impartial. A final decision is the last resort and a case should only be escalated to an ombudsman if both parties are unable to agree to the outcome at the adjudication stage. A final decision becomes legally binding on both parties if it is accepted by the consumer. However, if a consumer does not accept, then they retain their right to take the matter to court.

Asking for a final decision

The outcome of the dispute will be decided by the adjudicator, having considered both sides and any supporting evidence or information provided within the scope of the Code to which the business subscribes. Both parties can suggest their desired outcome which an adjudicator may take into account but, ultimately, the decision made by the adjudicator will take into consideration the merits of the arguments and the evidence to support those arguments. Adjudicators make their decisions within the authority delegated to them by the ombudsman and therefore use the same approach as an ombudsman would do when making a final decision.

You are able to ask for an ombudsman to make a final decision. You must provide your reasons why and include any supporting evidence and/or new information for consideration. This must be submitted within 30 days of the adjudication being made. However, an extension may be granted by request if more time is needed to obtain evidence – The Motor Ombudsman will inform you whether they agree with your request for an extension or not. Please note that whilst you are entitled to ask for a final decision, unless you are able to provide information that has not previously considered or can demonstrate that the adjudicator has not complied with the terms of the Code, it is unlikely that the ombudsman will reach a different outcome.

Information line 0345 241 3008