The consumer’s issue:
“I purchased my car in May 2017, and since then, the vehicle has been back to the dealership four times. On the first two occasions that it was returned, I was told that there was an intermittent fault which they couldn’t find, and they just topped up the hydraulic fluid. On the third occasion, I provided video evidence of the clutch pedal sticking to the floor, and the dealership then fitted a new master cylinder which was not smooth to use. On the fourth occasion, the pedal stuck to the floor twice and the car now had a burning smell. The dealership said they found dust in the gearbox which they said was the result of overriding the clutch, and therefore, I would have to pay for further repair work. I would like my vehicle to be fixed under the warranty.”
The accredited business’ response:
- The consumer contacted us regarding a clutch issue on the vehicle.
- The dealership diagnosed this as being driver error as the clutch showed blueing, which demonstrated that this was not a manufacturing defect.
- As no manufacturing defect had been found, we refused the warranty claim.
The adjudication outcome:
- The adjudicator did not feel there had been a breach of the New Car Code of Practice in this case.
- This is because there was no evidence provided to demonstrate that the clutch had failed as a result of a manufacturing defect rather than driver error as diagnosed by the dealership.
- The customer’s complaint was therefore not upheld by The Motor Ombudsman.
- Both parties accepted the adjudication outcome and the case was closed.