The consumer’s issue:
“In April 2021, I purchased a brand new compact SUV vehicle from my local dealership. The performance of the vehicle was wonderful, and I enjoyed driving it. However, a little over a year after buying the car, it broke down when I was on the motorway.
The vehicle was recovered to the business that sold me the car. The dealership investigated the matter and finally diagnosed the issue to be a failed clutch assembly. I have a three-year / 60,000 mile new car warranty, so I was expecting the repair to be completed free of charge, but the claim was declined.
I also had had my vehicle looked at by other mechanics, including a family member, and they have all confirmed that it is a failed clutch assembly, as my annual mileage is low.
I do not believe that I should have to pay for the repair of a clutch assembly of a vehicle which is relatively new. As a resolution to my complaint, I am therefore looking for the manufacturer to cover the cost of the repair, which is in the region of £950.”
The accredited business’ response:
- We were informed about the vehicle issue by the franchise dealership that carried out the investigation into the customer’s complaint.
- The dealer reported to us that, when the vehicle was recovered into the workshop, there was an immediate smell from the clutch assembly. This component was removed from the vehicle and a thorough inspection done on it. This revealed that the clutch fibre was completely detached from the plate.
- In addition to the above, the dealership also took a number of images to document their findings and forwarded it to us for the assessment. These showed heat patches and a burnt colour hue on the components.
- Upon review of the customer’s complaint, the images, and the findings of the dealership, it was confirmed that the cause of the fault was not due to a manufacturing defect, but because the component had suffered a failure due to overheating.
- We have therefore decided not to make a contribution to the cost of the repair of the vehicle under our warranty.
The adjudication outcome:
- The Motor Ombudsman adjudicator explained that the evidential burden was on the complainant to demonstrate that the cause of the fault was due to a manufacturing defect that occurred within the warranty period.
- The adjudicator noted the documentary evidence submitted for consideration. This included images of the affected areas of the clutch assembly. The adjudicator made a point of the blue and purple hue on the clutch plate, which indicated overheating of the component.
- Even though the evidence confirmed the presence of a fault, and that it was a concern during the warranty period, the documents submitted did not demonstrate that the cause of the fault was due to a manufacturing defect, but was more likely due to overheating.
- As a result, the adjudicator did not uphold the complaint in the consumer’s favour, as there was insufficient evidence of a manufacturing defect with the clutch assembly. As such, the business was not obligated to cover the cost of the repair in terms of the warranty.
Conclusion
- The consumer did not respond within the allotted time frame, meaning the case was closed.
