The consumer’s issue:
The consumer bought a used ’64-plate compact crossover SUV in December 2019, so was five years old at the time of purchase from the dealership. The vehicle was also supplied with a six-month warranty. In January 2020, the consumer took the car back for repairs, where it stayed in the workshop for over two weeks, as the airbag warning light came on. In March 2020, the consumer then had to contact the retailer again, as the rear parking sensors were only working intermittently. The business looked into the issue, but was unable to replicate the fault, so no further action was taken by them.
In light of this, the consumer contacted an independent business, which investigated the problem, and they identified that there was a water leak, causing a short circuit in the sensors. It was an intermittent fault only present after it had been raining. No repairs were made, and the individual eventually sold the car with the faults still present, and explained that they received less than they would have done had they sold a similar car in full working order.
The case outcome:
The Motor Ombudsman reviewed the complaint based on the evidence provided, and concluded that there was a fault with the car when it was sold. This was intermittent and therefore difficult to identify. However, the independent expert determined that this was caused by a water leak. The appropriate remedy was for the car to be repaired. However, as the consumer no longer owned the car, an alternative remedy was required.
An ombudsman asked the dealership to explain what the cost of the repairs would have been, had these been undertaken. They were unable to provide such a quote, but suggested a settlement figure of £500. The ombudsman considered this was a reasonable approach, and communicated this to the consumer, who duly accepted this offer.
