The consumer’s issue:
“After buying my brand new car from a dealership, I noticed that the stop-start function was not working, and that the brakes were squeaking whilst running hot at low speeds. The salesman advised me that this noise was normal and to return after 1,000 miles to resolve the issue, but I believed this to be excessive. After one week of driving (600 miles), the problem was still present, so I took the vehicle into my local dealership, and they advised me to contact the manufacturer’s customer relations team.
After a short discussion with them, they stated that this was a ‘normal characteristic’ of the car and were not willing to take any further action. I then contacted a brake specialist, and they informed me that the squeaking was not normal because they have never had issues with the same brakes that they have fitted, so they advised me to have the pads replaced. I am therefore looking for the dealership to repair the fault, or to provide me with a refund of the money paid for the car, as this issue was not disclosed at the time of purchase.”
The accredited business’ response:
- Regarding the stop-start function not working, the vehicle battery needs to be charged to 100% (i.e. the stop/start may not work initially until the vehicle has travelled enough to fully charge the battery).
- The vehicle then only stop/starts when the correct conditions are met as per the manufacturer’s guidelines.
- When this vehicle was in our dealership, and these conditions were met, the customer’s car performed correctly.
- In terms of the consumer’s complaint about the brakes, we have worked with the manufacturer to investigate the noisy brakes. After reviewing all the videos and test results, they confirmed that the squeaks were normal, and did not agree to any further work.
- Therefore, after reviewing the customer’s concerns, as well as the feedback from the manufacturer, we have found no faults with the car.
The adjudication outcome:
- The adjudicator stated that the evidence, including a video submitted by the consumer to The Motor Ombudsman, did not demonstrate that the stop-start function failed to work when the required conditions were met.
- Brake discs are essentially bare metal exposed to natural weather conditions, so they can create a squeaking noise during braking if there is moisture from rain, dew or condensation on the brake pads/discs.
- As such, the adjudicator did not agree that the customer’s second video showing that the brakes were squeaking could be considered a fault because it did not demonstrate that the squeaks were occurring without the presence of moisture on the brakes.
- Additionally, the evidence presented did not show that, at the point of sale, the vehicle suffered from an inherent issue, and did not reasonably illustrate a breach of the sales contract between the dealership and the customer.
- As a result, the adjudicator was unable to uphold the customer’s complaint, and no award was made.
Conclusion:
- Neither party contested the adjudication outcome, and the case was closed.
