The consumer’s issue:
“I bought a 16-registration estate car in January 2019, and the service light came on in early July 2019. As per the terms of my service plan, I contacted the dealer to book in the service, which was carried out on the 29th of July 2019, a month after my extended warranty had expired.
My complaint is that a major fault (i.e. the front wheel brake assemblies are different) has been identified on my car, which has been into authorised manufacturer agents on other occasions, and this serious matter has never been noticed. I was told that the issue is dangerous and that I should not drive the car until rectified. Furthermore, the warranty period expired only four weeks after the problem was discovered.
The vehicle manufacturer’s customer service department investigated the issue and offered to pay for 50% of the repair cost as a goodwill gesture. However, nobody wants to take overall responsibility for the cause of the problem, and I have a car which may well have been fitted with incorrect assemblies from the outset. The manufacturer will not change their offer, as they stated that the vehicle has had two previous owners, but I confirm I have had no accidents or any work undertaken on this vehicle, apart from the service by the authorised agent in July.
In conclusion, the resolution I am seeking is for my car be made safe by having the correct brake assemblies, and for the total repair cost (around £1,200) to be covered by the vehicle manufacturer.”
The accredited business’ response:
- During the most recent service, the dealership found that the braking systems differed on both sides of the vehicle.
- When the issue was investigated, we confirmed that this car has had three different owners in its lifetime and cannot state at what point the brakes were changed.
- This problem highlighted is not a manufacturing defect, and all vehicles are checked before leaving the factory, and when they enter the UK and arrive at retailers.
- If the issue was something was present during the build, it would have been changed before the vehicle was registered.
- Due to the fact that we cannot state when or where these brakes were changed, we have therefore offered the customer a 50% contribution to the cost of the repair, and this has been made without prejudice and as a gesture to support.
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that the consumer’s vehicle was one month out of warranty when the issue was discovered during a service.
- Under the New Car Code, accredited manufacturers must ensure that they keep to the terms of the warranty provided, but as soon as this period is over, the manufacturer is not obliged to pay for repairs, even if the consumer thinks that the problem is a manufacturing defect or that the same issue was experienced during the warranty period.
- Even if the issue had been discovered during the warranty period, the onus was still on the vehicle owner to provide technical evidence to demonstrate that it was the result of a manufacturing defect.
- Therefore, the adjudicator was unable to uphold the consumer’s complaint, and recommended that the vehicle manufacturer kept the offer of goodwill open.
Conclusion:
- The accredited business and consumer accepted the outcome as recommended by The Motor Ombudsman adjudicator, and the case was closed.
