The consumer’s issue:
“The leather on the driver’s seat is wearing badly. After contacting the vehicle manufacturer, they are refusing to fix the problem, stating it is due to wear and tear. I do not accept that a two-year old leather seat should wear in this short time, and the dealership agreed with me.
The vehicle manufacturer has offered me a goodwill gesture in the form of a 50% contribution towards the cost of a new seat. However, I am not willing to accept this as I believe the seat should be replaced by them under the vehicle’s warranty.”
The accredited business’ response:
- We, the manufacturer, believe that the seat has worn due to an external influence and lack of care when entering and exiting the vehicle. We do not believe that the leather material is defective in any way.
- Therefore, we believe it is unlikely that the seat has been compromised because of an inherent fault.
The adjudication outcome:
- The Motor Ombudsman adjudicator concluded that it was not likely that the damage to the seat had failed as a result of an inherent fault due to the lack of technical evidence, and therefore, did not uphold the consumer’s complaint.
- The Motor Ombudsman adjudicator also did not find that the dealership had acted in breach of its warranty.
