The consumer’s issue:
“I purchased a low-mileage and near-new luxury SUV in August 2018 from a dealership on the understanding that it would have black alloy wheels fitted, and not painted wheels.
However, around three years after buying the vehicle, the lacquer on the alloys started to peel, and the business made me aware that the wheels were spray painted, even though I had originally asked for proper alloys of a specific colour at the point of sale. We were also sold alloy wheel protection at an extra cost of £400.
The business offered a goodwill contribution of 50% towards the cost of the repair of refurbishing all alloy wheels (£525+VAT), but I feel this is unacceptable given that the existing finish is poor. As a resolution to my complaint, I am looking for a new set of black alloy wheels as per my order.”
The accredited business’ response:
- The car was originally purchased by the customer as a used vehicle in August 2018. At that time, the consumer asked us to paint the alloy wheels black. The invoice shows the supply of black centre caps, which would not have been necessary if the wheels had not been painted.
- The wheels themselves are painted by an alloy wheel refurbishing specialist company, and this was agreed by the customer.
- The consumer’s first complaint about the alloy wheel lacquer peeling was in May 2021, after nearly three years and 27,500 miles since they bought the car.
- We entered into lengthy discussions with the customer at the time with a final goodwill offer of 50% off the cost to refurbish the wheels, which we consider to be fair after the time that has passed, and mileage covered.
The adjudication outcome:
- The Motor Ombudsman adjudicator explained that the burden of proof was on the consumer to show, not just that there was a fault with the vehicle, but that it was more likely than not that it was present at the point of sale. This was because the issue was discovered more than six months after buying the car.
- On this point, it was noted that there was a lack of independent, documented technical evidence to support the conclusion that the wheel alloy peeling was due to an inherent fault.
- The adjudicator highlighted that, regarding the alloy wheels that should have been provided at the point of sale, there was insufficient evidence of the discussions and agreement concerning whether these should have been painted or a new set of alloys provided of a specific colour. As a result, it could not be determined whether the business had breached their obligations.
- Given the vehicle was purchased in August 2018, and the peeling of the lacquer was first reported in May 2021, the adjudicator could not determine that the vehicle did not meet the standard a reasonable person would consider of satisfactory quality or that it was not fit for purpose from the point of sale.
- As a result, the adjudicator did not find a breach by the business of the Vehicle Sales Code and made the decision to not uphold the case in the consumer’s favour.
- The adjudicator recommended that the consumer accepted the goodwill offer made by the business as it went beyond their legal obligations.
Conclusion
- Both the business and the consumer accepted the adjudication outcome, and the case was closed.
