The consumer’s issue:
“Whilst driving, my clutch felt like it wasn’t working correctly. I reported this to the warranty provider who advised me to take it to an authorised repairer, and they subsequently said that the car was safe to drive.
I took the vehicle for an MOT six months later, and asked them to check the flywheel. I was told by the garage that it needed to be replaced, but that this repair was no longer covered by my warranty policy as I had continued to drive the car. I am therefore looking for either the authorised repairer or the warranty company to cover the cost of changing the flywheel.”
The accredited business’ response:
- The consumer reported a suspected issue in June 2017 and was advised to have the vehicle inspected. However, we had no further contact with her until February 2018, when the consumer reported that she had been notified of a possible clutch issue during an MOT that took place in November 2017.
- Based on what the consumer told us, she was aware of the fault for at least three months and the vehicle covered approximately 1,000 miles, before she reported the information provided to her by her repairer.
- We declined her claim on the basis that no sudden and unforeseen failure had occurred.
- In addition, we cannot be held responsible for the quality of the inspection and report findings at the point of sale, and the consumer has already acknowledge this fact.
The adjudication outcome:
- The adjudicator did not uphold the consumer’s complaint. This is because the extended warranty comes with conditions that must be met for the warranty to be valid, and the customer’s claim was rejected on the basis that there was no sudden and mechanical breakdown, and did therefore not fall within the terms of the warranty.
- No evidence has been supplied to suggest that the vehicle has suffered a sudden and mechanical breakdown. The consumer has also not provided evidence to suggest otherwise.
- The consumer and business have accepted the adjudication outcome which has not been appealed by either party.