The consumer’s issue:
“I purchased a used 69-plate diesel SUV in August 2020, and a year later, all four alloy wheels were showing signs of corrosion under the lacquer.
The manufacturer stated in writing that this had been caused by the incorrect removal or fitment of the centre caps of the wheels. However, the record from the dealership shows that the vehicle has been maintained correctly, and neither the wheels nor the centre caps have been removed during any maintenance work.
Therefore, the corrosion could only have happened due to manufacturing issues.
As a resolution to my complaint, I am looking for the manufacturer to repair all four alloy wheels, or failing that, to replace them at no cost to myself.”
The accredited business’ response:
- We can confirm that the corrosion is not due to a manufacturing or material defect, but the result of centre caps being removed incorrectly.
- As this is a 2019-registered vehicle purchased in August 2020, had there been a manufacturing defect, the issue would have been highlighted much sooner during extensive inspections at the factory and then at the dealership.
- The vehicle is now over 26 months old, and completed over 14,000 miles with two separate owners, hence, we do not agree that the issue was present when the vehicle was built.
- However, as a gesture of goodwill, we would like to help the consumer and contribute 25% towards the smart repair of the alloys at an authorised body shop.
- We are sure that you agree that we have tried to resolve the matter amicably.
The adjudication outcome:
- The Motor Ombudsman adjudicator considered the version of events provided by both parties, and explained that the complainant in this dispute had the evidential burden of demonstrating the fault with the vehicle was due to a manufacturing defect, and that the cost of the repair should be covered under the new car warranty.
- The adjudicator noted that, although the consumer explained that the dealership provided evidence in writing to suggest that no maintenance works had been carried out on the wheels, no supporting documentation was provided to back up this statement.
- The adjudicator then highlighted the lack of servicing records for the vehicle. Under the New Car Code of Practice, to benefit from the warranty, the owner must have had the vehicle serviced as per the manufacturer’s recommended intervals.
- Due to insufficient evidence to demonstrate that the corrosion occurred as a result of a manufacturing defect, the manufacturer was not considered to be under any obligation to contribute towards the cost of the repair or provide replacement alloys.
- However, the adjudicator recommended that the consumer considered the goodwill gesture made by the manufacturer.
Conclusion
- The business and the consumer accepted the outcome of the adjudication, with the customer proceeding with the goodwill recommendation.
- As a result, the adjudicator closed the case.
