The consumer’s issue:
“I purchased a new vehicle with the understanding that MirrorLink would be available on it, but this was not the case unfortunately. I was told my car did not have this feature and I would have to wait for MirrorLink to be introduced before I could use it with my vehicle. I am therefore looking for the business to install a different system on my car so that I don’t lose out.”
The accredited business’ response:
- The consumer’s vehicle did not come with MirrorLink, and this was checked by several members of staff.
- The customer assumed that he had this feature on his vehicle and this can be evidenced through phone calls.
- There is a pre-installation for MirrorLink and the adapter will be available when the system is launched.
- We are unable to authorise the installation of a non-manufacturer part to the vehicle, as this could impact the consumer’s warranty.
The adjudication outcome:
- The Motor Ombudsman adjudicator highlighted the fact that under the Consumer Rights Act, businesses must ensure that vehicles are sold as described.
- The adjudicator decided that it was reasonable for the consumer to be of the understanding that MirrorLink would be included in the vehicle as the sales invoice listed it as one of the car’s features.
- The adjudicator decided that the feature not currently being available on the vehicle meant that the car was not as described.
- The adjudicator did not support the argument that a non-manufacturer part being fitted by the business could risk invalidating the warranty.
- As MirrorLink was not currently available on the vehicle, the adjudicator decided an ex-gratia payment of £400 would be an appropriate way of recognising the consumer’s loss of enjoyment.
- The customer and accredited business accepted the outcome as recommended by The Motor Ombudsman adjudicator and the case was closed.