The consumer’s issue:
“I purchased a new ’20-plate hatchback from a dealership in February 2020, and a few weeks later, there was a fault with the stop/start system. I told the dealership about the issue, but the staff were rude and wouldn’t give me a replacement car. Then the COVID-19 lockdown started, and the business shut, so they didn’t respond to my messages. At this point, the car started to cut out, so I couldn’t use it.
After I left a Facebook review, I was contacted by the company director who was rude and intimidating, and basically said that the problem was not their fault because they didn’t build the car. The stress from this situation has had a massive impact on my mental health, so I’ve swapped the car and paid off the negative equity.
As a resolution to my complaint, I am looking for the dealership to compensate me to the sum of £900 in recognition of the time when my car wasn’t working, but when I was still making monthly payments.”
The accredited business’ response:
- A few weeks after the customer purchased the vehicle, they reported an issue with the stop/start system and that, as this could be a battery issue, we would need to keep the car to charge it.
- Since the customer did not meet the age requirement for our insurance provider, we were unable to provide a courtesy car, so the consumer decided to charge the car themselves.
- We then went into a national lockdown and the dealership was closed for the safety of staff and customers, and we explained to the consumer that we could only work on the vehicles of key workers.
- Once the dealership reopened, the customer was contacted to arrange a booking, but the customer was aggressive and swore at the service manager whilst on the phone.
- Despite this, the car was booked in, and all of the reported faults were investigated.
- Additionally, as a gesture of goodwill we offered to contribute towards the costs of a tow bar which the customer was looking to buy, and to cover the cost of their vehicle’s third service.
- However, the customer declined this offer and insisted that they be refunded for the period when the car wasn’t working, including the time when the dealership was shut as a result of the COVID-19 national lockdown.
- As we have fixed the reported issue, we won’t be providing a refund for the customer’s monthly finance payments for the time the car was off the road.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the evidence and found that there was a breach of the Vehicle Sales Code by the business, as they had sold the customer a faulty car.
- However, the business had already taken the required action by repairing the fault.
- Additionally, the adjudicator could not make an award for compensation because The Motor Ombudsman does not make awards for losses which are not easily quantifiable. Therefore, the adjudicator was not able to make a financial award for any inconvenience or stress caused to the consumer.
- As the monthly finance payments were not a consequential loss suffered as a result of the breach of contract, the adjudicator could not award a refund of the customer’s monthly finance payments.
- In addition, the evidence did not show any loss suffered as a result of selling the car, so the adjudicator was unable to direct the business to cover any costs associated with the consumer selling the vehicle.
- Therefore, as the business had already taken the necessary action to repair the vehicle, the adjudicator partially upheld the complaint in the consumer’s favour and recommended that the business provided the consumer with an apology.
Conclusion:
- Neither party requested an appeal of the decision made by the adjudicator, and the case was closed.
