The consumer’s issue:
“My 17 year old car was involved in an accident, and it was with the accredited business for around seven months for repairs. When I inspected my vehicle on its return, I found yellow dust particles in front of both seats and all underneath them. I tried to clean it up, but found water underneath the seats and the upholstery had detached, causing the foam filling of the seat to disintegrate all over the inside of the cabin. There has clearly been water ingress, and I think that this happened whilst my car was with the accredited business. I am looking for the business to pay for the repairs required which are estimated to be in the region of £1,000.”
The accredited business’ response:
- The consumer contacted us after the car was damaged in an accident.
- When our driver collected the car, the consumer told them that the seats were loose and asked for some seat trimming work whilst the car was with us.
- The vehicle was assessed, repaired and returned to the customer.
- We worked hard to ensure a satisfactory repair as we understood the care taken of the vehicle.
- However, any car will be subject to deterioration and this is a 17 year old vehicle.
- We are confident that the car was not subject to any excessive exposure to the elements whilst in our possession.
The adjudication outcome:
- The Motor Ombudsman adjudicator upheld the customer’s complaint.
- The consumer submitted evidence to show that the vehicle was kept in a garage under a cover and that the mileage of the car was very low for its age.
- As such, the adjudicator felt that the most likely cause of the damage to the seats was water ingress whilst in the care of the accredited business.
- However, he didn’t think the consumer should get a full refund for the required repair because of the age of the car.
- The accredited business made an offer, but this wasn’t accepted, and the case was referred to the ombudsman for a final decision.
The ombudsman’s final decision:
- The ombudsman agreed with the adjudicator that the customer’s complaint should be upheld.
- On the balance of probability, and taking into account the evidence that the consumer had provided, it was more likely than not that the damage happened whilst with the accredited business.
- When looking at a remedy, the ombudsman considered how extended warranties quantify betterment i.e. asking their customers to contribute to a repair so the condition of the vehicle isn’t improved by the warranty company.
- Based on the age of the vehicle, a warranty company would ask for a 50% contribution from the customer.
- However, as this was the accredited business’ fault, she felt that they should take the majority of the share of the repair, so the ombudsman awarded the consumer 60% of the repair costs. This was accepted by both parties, and the case was closed.