Camshaft timing variator issue

The consumer’s issue:

I purchased a four-year-old 15-plate hatchback in April 2019 and a 12-month used car warranty. The car had an odometer reading of 37,757 miles. However, in August 2019, when I was driving on the motorway, the car broke down unexpectedly. There were no prior warnings that anything was wrong, and I’d managed to cover 2,799 miles during those initial four months.

The car was recovered to the dealership, and a diagnostic check found that the timing belt had failed, and this was caused by an issue with the camshaft timing variator. The cost of the repair amounted to £4,439.16. The manufacturer agreed to pay 50% of this cost as a goodwill gesture and I was unaware the warranty agreement only covered repairs up to the sum of £1,000. This left me with a balance of £1,318.10 to pay, but I believe I should not have been liable for the cost of the work at all. To resolve my complaint, I would like the dealership to reimburse me for the money I paid for the repair.”

 

The accredited business’ response:

  • The consumer has been in contact with the manufacturer and us about this issue.
  • Having spoken with the manufacturer, we have been informed that this fault could not have been detected at the point of sale, so there was nothing we would have been able to do to prevent it.
  • As such, we don’t believe we are liable for reimbursing the repair costs paid by the consumer.

The adjudication outcome:

  • The Motor Ombudsman adjudicator explained that it was not disputed that the vehicle suffered from a fault.
  • Within four months of ownership, and around 2,799 miles covered since purchase, the vehicle suffered a breakdown and required investigation.
  • As the failure had occurred within the first six months of purchase, the onus was on the dealership to prove that the fault wasn’t present or developing when the car was sold.
  • He went on to conclude that the parts had failed prematurely, and this rendered the car of unsatisfactory quality.
  • As a result, the adjudicator upheld the consumer’s complaint and recommended the dealership reimbursed them for the cost incurred for the repair.
  • The consumer accepted the outcome, but the dealership didn’t respond, so the case was referred to an ombudsman for a final decision.

 

The ombudsman’s final decision:

  • The ombudsman considered the complaint and also upheld it.
  • She said any faults developing within the first six months of purchase were generally assumed to have been present or developing when the car was sold – unless the dealership could prove that they were a result of wear and tear or some other external factor.
  • The ombudsman noted that all parties had accepted that the failure had been as a result of a problem with the camshaft timing variator, which had caused damage to the timing chain and subsequently damaged the cylinder head.
  • She said there was no evidence, nor any claims made to suggest that the fault had been as a result of wear and tear or anything which the consumer had done.
  • The ombudsman said the failure happened within the first four months of purchase and it was more likely than not that the fault had been present and developing when the car was sold. She considered the failure to have been premature and said the dealership were liable for putting things right.
  • As such, she recommended the dealership reimburse the consumer £1,318.10 for the cost contributed towards the repair.

 

Conclusion:

  • The consumer accepted the final decision and was reimbursed £1,318.10, bringing the complaint to a close.