The consumer’s issue:
“I purchased a brand-new van from a dealership in 2011. However, in October 2020, I noticed three distinct rust patches on the nearside A-pillar after only having travelled less than 30,000 miles.
The vehicle was still covered by the 12-year anti-corrosion warranty, so I took it to my local dealership to have it repaired. After the rust patches were inspected, I was informed that the warranty would not cover the repair (costing between £500 to £1,000) because it was considered a paint defect. However, I deem the rust patches to be corrosion, and it should therefore be rectified under the policy.”
The accredited business’ response:
- Having reviewed the customer’s concerns, the corrosion that has occurred is not covered by the 12-year through corrosion warranty, but by the three-year paint warranty, which is provided with all new vehicles.
- The customer’s vehicle was purchased in September 2011, but was not seen in our network until October 2020, when the investigation into the corrosion began.
- The issue that has occurred is zinc oxidisation rather than through corrosion, which means that the repair is at the vehicle owner’s cost.
The adjudication outcome:
- The consumer had the evidential burden of showing that the rust scabs were due to a manufacturing defect covered by the warranty.
- The Motor Ombudsman adjudicator noted that the paint warranty, which covers surface corrosion, expired in 2014. The anti-perforation warranty, which covers perforation corrosion, was still valid.
- In their decision, the adjudicator explained that perforation corrosion is rust originating from the inside of a metal panel perforating through the metal to the outside surface of the metal panel.
- However, no evidence of perforation corrosion was submitted, which meant that the business did not have an obligation to repair the rust under the anti-perforation warranty.
- As a result, there was no breach of The Motor Ombudsman’s New Car Code, and the complaint was not upheld in favour of the consumer.
Conclusion:
- No response was received from the consumer following the adjudication outcome. As a result, the case was closed.
