The consumer’s issue:
“I purchased a used ’11-plate hatchback from a dealership in September 2017. The car I bought had covered around 43,000 miles in August 2020. After having driven a further 14,000 miles in the car, the gearbox underwent diagnostics, and the selector, mechatronics unit and clutch pack were removed and required replacement at a cost of £3,742.94.
I carried out further research, and discovered there was a discrepancy with the vehicle’s mileage history. It appears to me that the gearbox was not serviced at 40,000 miles. I believe the current issues with the transmission are a direct result of this service being missed.
I do not feel that the vehicle was of satisfactory quality at the point of sale, and as a resolution to my complaint, I am looking for the business to cover the full cost of the repairs.”
The accredited business’ response:
- The gearbox is non-serviceable, so no maintenance is required at all. As a result, we refute this element of the consumer’s complaint, and dispute that the gearbox required servicing.
- The consumer had the vehicle for three years prior to any issues. Therefore, we do not deem that there was a fault at the point of sale.
- Unfortunately, we are unable to provide any further assistance to the customer.
The adjudication outcome:
- The Motor Ombudsman adjudicator explained that the burden of proof was on the consumer to show that the dealership had sold them a vehicle which was not of satisfactory quality, fit for purpose or as described at the point of sale.
- If the defect is discovered after the first six months of purchase, then it is evidentially presumed that the cause of the defect occurred after the sale.
- This meant that, due to the length of time that had passed since the purchase and the subsequent occurrence of the fault, the consumer had the evidential burden of supporting their claim.
- There was also no technical evidence submitted by the consumer which supported the cause of the gearbox, selector, mechatronic unit and clutch pack failure was present from the point of sale.
- There was also insufficient technical evidence submitted by the consumer to support the fact that the failure to service the gearbox at 40,000 miles was the cause of the fault.
- The adjudicator reviewed the mileage entries recorded in the service book and on the GOV.UK website and disagreed that there was a discrepancy.
- The adjudicator reviewed and considered the evidence available and found that there had been no breach of the Vehicle Sales Code by the business.
- Therefore, the complaint could not be upheld in the consumer’s favour.
Conclusion:
- The business accepted the adjudication outcome. The consumer failed to provide a response to the decision, meaning the case was closed.
