The consumer’s issue:
“I part exchanged my previous car and purchased a used ’14-plate hatchback from a dealership in September 2019. Throughout the sales process, I made it very clear to the business that I required a car that could accommodate two child seats in the rear for children up to 12 years of age. I needed them to fit safely and securely in the car using the seatbelt and Isofix fittings.
When I traded in my old car, there was already one child seat in the rear. At no point did the salesperson complete a test to ensure it would safely and securely fit into the new vehicle, nor did they test whether the Isofix feature was compatible with the child seat.
Ten days after buying the car, I went into the dealership to discuss a broken wing mirror and a noise (both have now been rectified), and my concern that my grandson could not sit safely and securely in the child seat. I explained it was impossible to use the Isofix feature with the child seat. I had also purchased a new child seat for my second grandson, and this could not be used safely either with the Isofix fitting.
I believe the dealership has given me misleading information, as I was told by them that all child seats were standard, and that I would have no issues fitting the two child seats on to the rear seats using the seatbelt and Isofix connection.
As a resolution to my complaint, I am looking for the business to provide me with a full refund for the price I paid for the new vehicle.”
The accredited business’ response:
- We were aware that the consumer wanted two child seats fitted, and that this was important to them.
- We advised them of the standard Isofix fittings and safety features at the time of purchase. We had no knowledge of the actual child seats the consumer wanted to use, so could not inform them as to whether they would be suitable.
- The consumer test drove the car and spent roughly 10 to 15 minutes in the showroom inspecting the vehicle, but after two to three weeks of ownership, they returned to the showroom with the child seats.
- We can confirm the seatbelts did fit and secured the child seat in the vehicle. However, due to the size of the child seat, it was more of a struggle than it normally would be. At that time, the customer wished to reject the car.
- We believe that the consumer had ample time to inspect the car and to test whether the child seats would fit into the new vehicle. This could have been done at any point prior to the sale, upon taking delivery of the car or during the handover process.
- At no point before the purchase did the consumer actually ask us to test the child seats in the car. Upon inspection two to three weeks post-delivery, it was clear to us that the seats were significantly larger than a standard child seat. The consumer assumed they would fit without completing a test, or indeed, ask us to run a test.
- The Isofix fittings are not faulty, but the child seats are larger than standard ones, which means that we did not believe she had valid grounds for a rejection of the vehicle.
- We value their custom, and as a gesture of goodwill, we would be happy to contribute £75 towards the cost of buying a new child seat.
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that the evidence provided did not support the fact that the car was faulty, or that there was a manufacturing defect preventing the car seats from being fitted securely.
- In addition, there was no documentation to show that the salesperson had advised the customer that the new vehicle could accommodate two car seats of the make and model selected, and that they would be Isofix-compatible.
- Therefore, there had been no breach of the Vehicle Sales Code, meaning the complaint could not be upheld in the consumer’s favour.
Conclusion:
- Neither party contested the adjudication outcome, and the case was closed.
