The consumer’s issue:
“I purchased an almost new ’69-plate coupé from a dealership in December 2020 with less than 9,000 miles on the clock. However, shortly after buying the car, in June 2021, it developed a dreadful noise, which was coming from the rear wheels. The problem was even worse when driving at slow speeds, and in built-up areas.
I booked the car in to my local dealership, where I was advised that there had not been any wear or damage to the discs or pads. The business also told me that, without paying to have the brake pads overhauled at my own cost, there was nothing more they could do.
This was extremely disappointing, as the vehicle still had a valid manufacturer’s warranty. The explanation and resolution given was rather frustrating, and driving the car has become somewhat of an embarrassment.
To conclude my complaint, I am looking for the business to cover the full cost of the repair so that I am not left out of pocket.”
The accredited business’ response:
- The car was purchased in December 2020, and completed 5,000 miles before the issue occurred, which was brought to our attention in June 2021.
- We investigated the matter and found that the noise being complained about was the result of glazing and dust build up in the rear brakes.
- We advised the customer that the only way that the problem might be resolved is if the brakes were to be stripped, cleaned and greased at a cost of £197.
- The customer was informed that this would not be covered by the terms of the manufacturer’s warranty. This was because we believe that the cause of the fault experienced was due to outside influence, and not the result of a manufacturing defect.
- Consequently, we do not accept that we have a legal obligation to cover the costs of the repair for the customer in this instance.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the evidence submitted by both parties, and pointed out that the consumer had the burden of showing that the cause of the fault with the vehicle was due to a manufacturing defect covered by the warranty.
- Unfortunately, the information submitted did not demonstrate that it was more likely than not that the faulty brake discs were the result of poor workmanship or materials used during the manufacturing process.
- As a result, the adjudicator found that there was no breach of New Car Code by the business, as the evidence provided could not prove the presence of a manufacturing defect.
- Therefore, the accredited business did not have a legal obligation to cover the costs of repair as sought by the consumer.
Conclusion:
- The business agreed with the adjudication outcome. The consumer did not respond or provide any additional evidence in support of their complaint, meaning the case was closed.
