The consumer’s issue:
“My car went in for its annual service, and at the time, the business didn’t advise me to replace the camshaft drive and tensioner. A year later, these components failed and caused further damage to my vehicle. I deem the business to have been negligent for not providing me with the right information, and I would therefore like the garage to repair my car free of charge.”
The accredited business’ response:
- We completed an annual service when this car was seven years old, by which time it had completed 20,609 miles.
- There is no recommendation in the manufacturer’s guidelines that the camshaft drive and tensioner need to be replaced during the service.
- Despite this, we offered the customer a 15% discount to change the two parts, but they declined the gesture.
The adjudication outcome:
- The adjudicator considered this case under the Consumer Rights Act 2015, which requires the business to have exercised reasonable care when completing the service. This is also reinforced by The Motor Industry Code of Practice for Service and Repair.
- No evidence has been submitted by the customer to demonstrate the camshaft drive and tensioner should have been replaced.
- The business has submitted evidence to demonstrate how the service should be undertaken and that it had been completed in accordance with the schedule.
- Therefore, due to a lack of evidence from the consumer, the adjudicator could not uphold the complaint in their favour, but found a 15% goodwill contribution towards the cost of the components was fair in this instance.
Conclusion:
- As there was no evidence of the business failing to exercise reasonable care and skill during the service, The Motor Ombudsman found no reason to obligate the business to carry out any repairs.
- The consumer has been invited to submit evidence to The Motor Ombudsman to prove that the camshaft drive and tensioner should have been replaced during the seven-year service.
