The consumer’s issue:
“My car was taken to the selling dealership for the rectification of a problem, which was due to a quality issue that had been present since I bought it. The repair took one month to complete, and during this time, it was subject to extended test drives which added 150 miles to the odometer. I am unhappy that I did not have the use of my vehicle for one month during which I was making finance payments.
Due to the additional miles from the testing, and if I continued to use my car as intended, this may incur charges on returning the vehicle at the end of my finance agreement. I was therefore given one month’s finance payment by the dealer and was provided with a courtesy car whilst mine was in for repair. As a gesture of goodwill, I was also given a free car wash and a tank of fuel in return for the fuel used by the dealership during the test drives. However, with all this taken into account, I am requesting the refund of an additional month’s finance payment.”
The accredited business’ response:
- We accept that the fault required extended testing to identify and rectify it, and that this has caused the consumer inconvenience.
- The offers made to the customer were suitably justified, and we do not accept that the reimbursement of an additional payment would be necessary.
The adjudication outcome:
- Consumer legislation and the Service and Repair Code of Practice suggest that if the consumer incurred a loss due to the fault, the business would have to take reasonable steps to accommodate the customer’s losses.
- In this instance, the losses of the customer were mitigated through the use of a courtesy vehicle, and the fact that they received their money back for the month their car was in for repair.
- It was therefore deemed by the adjudicator that the consumer was not affected financially for the period that they were inconvenienced.
Conclusion:
- It was considered by the adjudicator that there was no valid reason for the dealership to make a further award because the offers made met the obligations the Code of Practice would ask of the business.
- To request an additional finance payment from the business would mean that the customer would be in a better position than that she was entitled to be placed in.
- Therefore, the customer’s request was not upheld.
