The consumer’s issue:
The consumer stated that when purchasing their vehicle from the business, they were told that it was an all-wheel drive (AWD) model, but when it was delivered, it was only front-wheel drive (FWD).
As a resolution to their complaint, the consumer stated they wanted the business to provide a refund of the difference in price between the cost of the two vehicle types, or supply an alternative vehicle that was all-wheel drive.
In response, the business explained that the vehicle order form did not state that the vehicle was an all-wheel drive model, meaning the consumer received the car they had to agreed to on that document.
However, the business noted that even if it had promised an all-wheel drive vehicle, the price difference between the two vehicle types would only be £500.
The case outcome:
Within the evidence provided, the ombudsman noted that a copy of the advertisement clearly stated that the vehicle was all-wheel drive.
On this basis, the ombudsman upheld the complaint in the consumer’s favour, and stated that the vehicle provided did not match the description given. Therefore, it was determined that the business had acted in breach of The Motor Ombudsman’s Motor Industry Code of Practice for Vehicle Sales, due to providing misleading information or information which was likely to be misunderstood by a consumer.
In order to put things right, the ombudsman stated that the seller should make a payment to the consumer, equivalent to the price difference between the two vehicle types (i.e. the sum of £500), and provide a letter of apology.
