The consumer’s issue:
“I arranged to have my car recovered to the dealership due to the engine management light illuminating. Whilst intermittent, the business diagnosed the fault to be with the glow plugs, but they were unable to book me in straight away. I consequently paid for the diagnostic check and booked in the vehicle, but the car broke down again within a couple of days. The vehicle was recovered back to the diagnosing dealership who found one of the glow plugs had come loose and fell into the engine, causing catastrophic damage as a result. Having had an independent DEKRA inspection carried out, it was evident that the prior attempt to remove the glow plugs most likely contributed towards one coming loose and damage to the engine. Although I authorised the engine replacement, I would like my money back for this as I believe this engine failure was caused by the dealership during their diagnostic process.”
The accredited business’ response:
- We did attempt to remove the glow plug to check its operation before advising on its replacement. However, the glow plug was thread bound, which meant that it could not come undone.
- Therefore, we would not have been able to damage the tip of the glow plug as it was located inside the cylinder head.
- We explained that there was a fault with the vehicle, but the customer did not authorise the remedial work. Instead, they decided to drive the car away and not have the repair completed.
The adjudication outcome:
- The Consumer Rights Act 2015 requires the repairer to ensure that they are exercising reasonable care and skill, be it when diagnosing the fault, or when carrying out the repair. This is reinforced by The Motor Ombudsman’s Code of Practice for Service and Repair that requires the business to be competent in the work that they undertake.
- The DEKRA report was very clear in assessing the business’ attempt to remove the glow plug, which detached the glow plug tip and caused the consequential damage seen. This constituted a breach of the Service and Repair Code, as any work has to be completed competently, with staff exercising reasonable care and skill.
- The adjudicator was therefore confident that in the absence of any independent assessments to the contrary, the business did cause the glow plug to become undone.
- As the consumer had opted for a brand new engine, as opposed to a refurbished one, which would have been the most economical and viable repair given the car’s age and mileage, the adjudicator ruled that the business reimburses the cost of a refurbished engine repair.
- Both parties accepted this award and the case was closed.