Defective brakes claim

The consumer’s issue:

“Nine months after I purchased my vehicle, it failed its MOT due to a defective handbrake and brake discs. I believe that the car was not roadworthy and that the issues must have been present when I bought it.”

The accredited business’ response:

  • The Approved Used vehicle was purchased in November 2017 with 53,378 miles on the clock.
  • The car was was one year outside of the manufacturer’s warranty, but had an additional one-year Approved Used warranty.
  • The additional warranty does provide cover should a vehicle fail its MOT, however this is subject to terms and conditions. Conversely, it does not give vehicle owners cover for friction brake parts (e.g. pads, discs and drums) and general wear and tear.
  • As a goodwill gesture, we offered to cover 50% of the repair cost, but the consumer rejected this.

The adjudication outcome:

  • The evidence provided to The Motor Ombudsman did not demonstrate that the vehicle suffered from an inherent fault at the point of sale.
  • The adjudicator noted that the terms of the warranty were applied correctly, as the agreement did not provide cover for normal wear and tear or friction brake parts.
  • They therefore decided that there was no evidence of wrongdoing by the business and that their offer was reasonable.


  • The customer and accredited business accepted the outcome as recommended by The Motor Ombudsman adjudicator and the case was closed.