The consumer’s issue:
“I purchased a used 63-plate SUV from a dealership in June 2017. Nearly two years’ later, in February 2019, with just 60,000 miles on the clock, the engine failed due to the connecting rod coming through the side of the engine block. I therefore took it to the dealership for repairs, but they said it was out of warranty and was more than six months since I bought it, so I would be responsible for covering the repair costs. Eventually, the manufacturer agreed to cover 80% of the repair costs as a gesture of goodwill, so I paid the remaining 20% of the bill and sold the car on.
As a resolution to my complaint, I am looking for the dealership to refund the portion of the repair cost that I paid, and to be reimbursed for having to sell the car at a reduced rate due to it being fitted with a reconditioned engine.”
The accredited business’ response:
- The customer purchased the used car in June 2017 and returned in March 2019, due to an engine failure.
- We investigated the issue and found that the engine failed due to the connecting rod going through the side of the engine block.
- Although the car was out of warranty, but the vehicle had full retailer service history, except for the last oil service, the manufacturer offered to cover 80% of the repair costs or £8,000 towards a new factory order.
- The customer accepted this offer and purchased a new vehicle in December 2019, using the £8,000 contribution from the manufacturer, plus a £5,000 trade-in allowance for the current vehicle, after the engine issue had been repaired by a third party.
The adjudication outcome:
- The adjudicator reviewed the evidence and found that there was nothing to suggest that the engine failure was caused by an inherent fault, present at the point of sale.
- The adjudicator recommended that the customer accepted the goodwill offer made by the vehicle manufacturer in full and final settlement of the dispute, because they were not contractually entitled to a financial award.
- Therefore, as there had not been a breach of The Motor Ombudsman’s Vehicle Sales Code, the complaint could not be upheld in the consumer’s favour.
Conclusion:
- Neither party contested the adjudication outcome, and the case was closed.
