The consumer’s issue:
“I bought a used 69-plate electric compact SUV for nearly £30,000 in February 2022 from a franchise dealership. As part of my new car sales agreement with the dealership, it was agreed that the car would come with a complimentary set of rubber floor mats.
However, when I collected the vehicle, the floor mats were not provided. I asked the dealership about this, and it apologised, saying it had been unable to source them from the manufacture, and gave me a link to buy alternate mats of the correct specification from an online marketplace.
I then purchased the mats for £55 from the website that the business had recommended, and sent through the receipt, expecting the dealership to refund this cost, but my correspondence was ignored.
To resolve my complaint, I would like the dealership to either provide me with the mats it agreed to supply as part of the sales agreement, or approve a full refund of the money I paid to buy the mats it suggested as an alternative.”
The accredited business’ response:
- The documentation for the sale shows we did not agree to provide the customer with any floor mats as part of the agreement.
- However, in an effort to bring this matter to a satisfactory conclusion, we are prepared to supply the customer with a free set of fabric floor mats as a goodwill gesture.
The adjudication outcome:
- The adjudicator noted that the dealership had provided documentation showing, as it had asserted, that there was nothing to suggest that floor mats were going to be supplied as part of the sales agreement.
- However, the consumer had also provided their email correspondence with the business shortly after the sale was completed.
- The adjudicator was satisfied that this exchange showed there was a verbal agreement to provide rubber floor mats as part of the sales agreement, and that the dealership later explained it was unable to fulfil this, due to supply issues that were outside of its control, and directed the customer to source alternative floor mats from another supplier.
- As the terms of the sales agreement extended to include any verbal agreements made before the sale’s completion, the adjudicator was satisfied the provision of rubber floors mats formed part of the car’s sales agreement, and the dealership therefore had an obligation to provide these.
- He therefore recommended the consumer’s complaint succeed, and that the vehicle owner received a refund of £55 for the cost they incurred when sourcing suitable mats elsewhere.
Conclusion
- Both parties agreed to the adjudication outcome, and the consumer received a full refund of his costs. The case was then closed.
