The consumer’s issue:
“After driving a total of 15,000 miles, my car started making a clunking noise when changing gears. The manufacturer told me that this was a characteristic of my vehicle, and that they were not willing to replace the gearbox. I find this unacceptable and I would like the business to repair my car at no cost to myself.”
The accredited business’ response:
- The customer complained about a noise coming from the vehicle, and after extensive testing, it was found that the concern was a characteristic of their model, which is also found in others cars in the range.
- It does not impact the operation of the vehicle, and therefore we will not be able to cover the cost of the repair.
The adjudication outcome:
- The Motor Ombudsman adjudicator addressed the fact that both parties acknowledged that there was a noise coming from the vehicle.
- The business regarded this as a characteristic of the car, but the consumer deemed this to be a fault with the gearbox.
- However, there was no technical evidence provided to suggest that this was a manufacturing defect.
- As a result, it was concluded by the adjudicator that it would be unfair for the manufacturer to state that the noise was simply a characteristic and not offer the consumer any form of goodwill.
- They therefore recommended that the business provided the consumer with two free services in light of the consumer’s experience.
- The adjudicator also asked the customer to provide technical evidence to show this was a manufacturing defect if they believed the issue was caused by one.
Conclusion:
- The accredited business and the consumer accepted the recommendation of a goodwill gesture made by The Motor Ombudsman adjudicator, and the case was closed.
