The consumer’s issue:
“I purchased a used 11-plate hatchback from a dealership in August 2019, and in March 2020, with just 123,456 miles on the clock, it started having problems with the gearbox. So I took it to the business just before the COVID-19 lockdown, where they told me that there was a fault with the mechatronics unit, which would cost as much to repair as the value of the car itself.
Eventually, the vehicle stayed with the dealership for a few months because they had to close due to the pandemic. After lockdown, and without prior notice, they informed me that the car would be loaded onto a flatbed truck and returned to me.
As a result, I have now received the car back in an even worse condition than when I provided it to the business. To resolve my complaint, I am looking for them to provide me with a fully functioning vehicle.”
The accredited business’ response:
- The consumer’s vehicle came to us with a fault with the automatic transmission, and we diagnosed an internal problem.
- We spoke to the manufacturer on behalf of the customer, and they said that they would be unable to cover this under a warranty claim or provide support for the replacement of the gearbox.
- The consumer then looked to source second hand parts for fitting by us, but during this seven-month period, this conversation did not lead to any actions.
- We feel that we have been more than reasonable, and provided the customer with sufficient time to inform us of their next steps.
- Eventually the decision was taken to ask the customer to undertake further work with us, or to collect their vehicle.
- Since our communication was ignored, and our premises were effectively being used as a free storage site, the decision was taken to return the car to the customer.
The adjudication outcome:
- The adjudicator stated that the dealership had followed the customer’s instruction to investigate the fault and to strip down the gearbox. The failure to put the car back together was not a breach of contract, and the current evidence did not point to the fact that the business needed to take any further action.
- The adjudicator also stated that goodwill offers are discretionary, and businesses have a choice as to whether to offer them. If they do decide to make a gesture of goodwill, The Motor Ombudsman is unable to enforce that they increase this offer.
- Based on the evidence provided, the business had not breached the Service and Repair Code, meaning the complaint could not be upheld in the consumer’s favour.
Conclusion:
- Neither party requested an appeal of the decision, and the case was closed.
