The consumer’s issue:
“I purchased a used 66-plate diesel compact SUV (registered in February 2017) in August 2018. I was happy with its performance, and took good care of the vehicle, but after buying it, I noticed that the oil level kept rising quickly to the “X” level on the dipstick between services, and the fuel economy was low at around 32 mpg. These two issues remained throughout the vehicle manufacturer’s three-year warranty period, and continued into 2021. In August that year, the oil level was high again, so I took the vehicle to my local dealership, and the technician explained that the constantly rising oil level and high fuel consumption was likely caused by faulty fuel injectors leading to overfuelling.
The business therefore put in a claim for goodwill from the manufacturer to have all four fuel injectors replaced, and they ended up contributing to the cost of repair with the dealership. However, I still had to pay £720 from my own pocket.
Since this work was undertaken, fuel economy is now averaging just over 40 mpg, and the oil level has not risen again during the 3,500 miles I have completed since. To me, this proves the fuel injectors were faulty throughout the warranty period. As well as settling a bill for £720, I have also had to pay for excessive fuel use, which has caused huge amounts of extra pollution, way above the manufacturer’s certified CO2 output.
To resolve my dispute, I am looking for a refund of the £720 I paid, plus an additional year on my extended warranty, as I have lost confidence in the reliability of the car. I am also concerned about damage that may have been caused to the engine due to the overfuelling and the constant dilution of the oil.”
The accredited business’ response:
- The customer noted that, after the second service, fuel consumption was high, and the vehicle was completing many DPF regenerations.
- The inspection by the dealership found that oil level was high, so they replaced the oil and filter at no charge.
- However, 6,000 miles later, the oil level had risen again, and once again, the dealership replaced both components.
- During the service in February 2021, the dealership identified that there was carbon within the intake system, and we assisted with the cost of repair.
- Six months later, in August, the dealer confirmed an issue with the injector, and we agreed to cover 50% of the cost under our goodwill policy.
- The customer had requested for the cost of the repair to be covered in full, and to have an additional year for their extended warranty, but the car was already outside our new car warranty period.
- We only provided assistance initially due to there being a full service record within our network.
- The car’s mileage is low for a diesel model, supporting early oil changes being needed, and potentially explaining the reason for high oil levels without adequate regenerations.
- Carbon deposits, soot and oil dilution can happen due to a number of external factors, such as short trips, long idle periods, and driving style, which can all impact fuel consumption.
- We have shown loyalty back to the consumer in recognition of their service record, and goodwill cannot be viewed as an extension to the car’s warranty.
- Finally, there is no evidence to suggest that parts have failed due to a manufacturing defect, which means that we feel our actions have been fair.
- We feel that the claim regarding fuel consumption is unsupported, which means that we cannot provide any assistance on this point.
The adjudication outcome:
- The Motor Ombudsman adjudicator looked at the version of events of both parties and noted in their decision that the evidential burden was on the complainant to demonstrate that the faulty fuel injectors were the result of poor workmanship or materials used during the manufacturing process.
- The invoice from the dealership for the replacement of the fuel injectors showed that the a fault was present, but did not allude to the cause of it (i.e. whether it was a build defect or the result of external influence).
- Therefore, the adjudicator was unable to agree that the cause of the fault was due to a manufacturing defect, as there was insufficient documentary evidence to support this claim.
- It was explained that, since the manufacturer’s warranty only covered faults caused by a build defect, the manufacturer was therefore under no obligation to reimburse the consumer for their contribution towards the cost of replacing the fuel injectors i.e. the £720.
- As a result, the adjudicator did not uphold the complaint, as there was not enough evidence of a breach of the New Car Code.
- The consumer was also made aware that The Motor Ombudsman is unable to compel a business to offer goodwill, and neither can they recommend any changes to a goodwill gesture already made by a business.
Conclusion
- The consumer responded and accepted the outcome of the adjudication, and the case was closed.
