The consumer’s issue:
“I purchased a small 14-plate hatchback in November 2017, and had a 12-month Approved Used guarantee. However, in July 2020, around two and a half years after buying my car, I noticed that the paintwork around the windscreen was peeling away, so I contacted the selling dealership and arranged for the car to be inspected by the dealer’s bodyshop paint experts.
After looking at the vehicle, they informed me that the paint depth in several areas was insufficient. The dealership therefore made a claim to get the issued repaired at the cost of the vehicle manufacturer, but this was rejected by the manufacturer as their warranty on the car had expired.
I therefore contacted the head office’s customer service department to make a complaint about this, and they offered me a dealership credit of £150 as a contribution to the cost of the repair work, which was likely to be £1,000. I don’t think this is fair, and would like the vehicle manufacturer to cover the cost of the paintwork rectification in full, so I am not left out of pocket, and to prevent any further deterioration and inconvenience to myself.”
The accredited business’ response:
- The consumer’s car was given a full pre-sales inspection in November 2017, and no issues with the paintwork were identified.
- Since then, we have only seen the vehicle once in 2019 for an airbag recall, and there was no mention of paint issues during our inspections.
- If we had seen the vehicle for routine servicing, we may have been able to pick up the fact there was an issue with the paint earlier, through routine body and corrosion checks and been able to carry out a repair within the manufacturer’s age limitations.
- As the car was no longer covered by the three-year manufacturer’s warranty or the structural corrosion (perforation) warranty, we agreed to put in a goodwill claim to the vehicle manufacturer. However, this was rejected due to the age of the vehicle, and we advised the consumer to speak to their customer relations department.
- Unfortunately, we are unable to offer any further assistance to the customer on this occasion.
The adjudication outcome:
- After reviewing the available evidence, the adjudicator felt that, whilst he understood the manufacturer’s warranty had expired, the documentation appeared to show that, at the point of sale, the paintwork on the consumer’s car was defective and there appeared to be no suggestion or evidence that the paintwork issues were due to anything that had happened since the car was built.
- The consumer had also brought this shortcoming to the dealership’s attention within six years of the car’s purchase.
- As there was no evidence that the paintwork depth had been compromised post-sale, the adjudicator felt the dealership should correct the paintwork shortcomings identified in July 2020 at no cost to the consumer.
Conclusion
- Both parties accepted the adjudicator’s conclusion and recommendations, and the complaint was closed in the consumer’s favour.
