The consumer’s issue:
“I purchased my car from the business in September 2018. Three months later, the engine management light came on and I paid over £500 for a new exhaust gas recirculation (EGR) valve. I believe however, that the business should have deducted more than £100 off the bill as a gesture of goodwill.”
The accredited business’ response:
- When the customer contacted us, we advised that the fault happened six months after buying the car.
- The law states that the consumer must prove that the issue was present at the time of sale.
- The vehicle was sold with 12 months left on the MOT, and the customer had full use of it for six months without any problems.
- This confirms that no faults were present at the time of purchase, and that the car was sold to the customer in good faith.
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that the consumer provided an invoice dated December 2018 that confirmed a fault was found with the exhaust gas recirculation (EGR) valve, and a new one was required for the fault to be rectified.
- The adjudicator stated that the sale took place in September 2018 and the problem regarding the EGR was identified in December 2018, only three months after purchase, thereby mirroring what the consumer had previously stated.
- As a result, it is presumed that the fault existed at the time of sale and the burden of proof was on the business to prove otherwise.
- The Motor Ombudsman also noted that the vehicle was of relatively low mileage and it was not reasonable to expect to replace the EGR after only three months of ownership.
- The adjudicator therefore made a recommendation to the business to cover the full cost of replacing the EGR valve.
Conclusion:
- The accredited business and consumer accepted the outcome as recommended by The Motor Ombudsman adjudicator, and the case was closed.