The consumer’s issue:
“The manufacturer maintains that the Bluetooth in my car works, whilst I know that it doesn’t. The system drops connection, and they have seen video showing this, and the call quality is unusable. The manufacturer has said it is because the software is incompatible with my phone. I have since tried various phones, of all operating systems, and none of them have worked in the vehicle. I would therefore like compensation for the loss of function over the past two and a half years.”
The accredited business’ response:
- Our technical team advised that the most compatible phone for the system had an older version of software.
- More recent software has shown not to be compatible with the system, which is not a unit issue, but a compatibility issue.
- The consumer has been advised that the unit does not have a manufacturing defect present and that this is a compatibility issue.
- The consumer accepted a four-year service plan as a gesture of goodwill based on these issues and a problem with the sunroof, which we believe to be a fair resolution in the circumstances.
The adjudication outcome:
- The Motor Ombudsman adjudicator didn’t uphold the customer’s complaint.
- He had no technical evidence which demonstrated that the consumer’s vehicle was suffering from a manufacturing defect. What he did have suggested that it was a problem of compatibility between the consumer’s phone and the unit.
- The consumer obtained a technical report showing that he used the recommended phone and still experienced a problem with call quality.
- The adjudicator, however, still didn’t consider this to be evidence of a manufacturing defect.
- The consumer asked for the complaint to be referred to the ombudsman on the basis that the technical report demonstrated that the system didn’t work regardless of the phone connected to it.
The ombudsman’s final decision:
- After reviewing the evidence, the ombudsman upheld the customer’s complaint.
- She found that the technical report did support the consumer, as the manufacturer had said that the phone used during the inspection should work with the unit, and the report demonstrated that the independent engineer witnessed that it didn’t work and the call quality was poor.
- The ombudsman observed, however, that the usual remedy against a manufacturer is a repair under warranty as this is the only entitlement consumers have under warranty.
- Having said that, the ombudsman could see that the situation had been ongoing for some time and didn’t want it to be prolonged unnecessarily.
- The ombudsman therefore asked the manufacturer to liaise with the selling dealership and suggested an amount of between £350 and £500 in compensation for the issue.
- She also awarded back the cost of the technical report as she had upheld the complaint.
- The manufacturer made an offer of £600 which the ombudsman felt was fair in the circumstances.
Conclusion:
- The accredited business was found in breach of the Code of Practice for New Cars, and the consumer was awarded £600, thereby bringing the case to a close.
