The consumer’s issue:
“I took my car to the accredited business so they could fit new exhaust pipes. I stressed that I knew the flange on the catalytic converter was loose and that I would deal with it at a later date, so I only needed new back pipes. However, the accredited business called me and said the flange was now broken off and there was nowhere to bolt the new pipes on to, and as a result, they needed to fit a new catalytic converter. The bill rose from £110 to £388 and the car wasn’t ready on time. When I went to collect the vehicle, they put it on a ramp to show me the work, and provided me with the old catalytic converter. When I looked at the flange, it was still connected and hadn’t broken off. I feel that the accredited business has invented work and I’d like £278 repaid to me as this is the difference between the original quotation and what I paid.”
The accredited business’ response:
- The vehicle was brought in for a new rear and middle exhaust section.
- Upon removing those parts, we found that the flange on the catalytic converter was broken, not loose, and therefore the old parts couldn’t be fixed back on.
- We couldn’t know this until the parts had been removed, and the flange was beyond repair.
- To fit the old parts on to the broken flange would have been unsafe and a “bodge” job which we were unhappy to do.
- A refund was offered on the exhaust if the parts were returned, but this wasn’t done, and no evidence has been provided to show that our diagnosis was incorrect.
The adjudication outcome:
- The adjudicator couldn’t uphold the customer’s complaint.
- She had not been provided with any evidence demonstrating that the flange was still connected to the catalytic converter and that the accredited business could have safely repaired the vehicle without fitting a new part.
- The consumer provided photographs of the part, but this didn’t change the adjudicator’s mind, so the consumer asked for her decision to be reviewed by the ombudsman.
The ombudsman’s final decision:
- The ombudsman also didn’t uphold the customer’s complaint.
- The pictures did make it look like the flange was still connected to the catalytic converter, but the pictures also didn’t show the flange as being loose, and all parties agreed that it was.
- Additionally, and what tipped the balance in the accredited business’ favour, was that the accredited business voluntarily put the car on the ramp and provided the old part to the customer.
- If the accredited business hadn’t done this, there would have been no complaint, and it was inconsistent for a business to deliberately invent work and then provide the evidence to prove that the work had been invented to the consumer.
- As such, the ombudsman thought it was more likely than not that the catalytic converter had been required to carry out a safe repair, and therefore, the cost should fall to the consumer.
Conclusion:
- The accredited business was found to not be in breach of the Motor Industry Code of Practice for Service and Repair.
