The consumer’s issue:
“I ordered a brand-new SUV from a dealership in March 2019. When I collected the car the following month, I found there were problems with the seals around the wheels. I was told by the service managers this was normal, but when I spoke to someone else at the business, they took the car to a local bodyshop and resolved the issue to my satisfaction.
However, not long after this, I found that the clutch pedal was wobbly, and there was a rattle from the underside of the vehicle. I was informed that this was an issue with the heat shield and that this problem had been solved. However, within 10 miles of leaving the dealership, the problem came back, and they implied that the rattle was coming from under the bonnet. I was informed that the business would speak to the manufacturer, but then I never heard anything for a number of months.
I got back in touch with the dealership, and they said that they hadn’t received any information from the manufacturer, so I contacted them myself and was promised a call back from a customer service manager on several occasions, but never got one.
I’m still experiencing issues with the clutch and rattles, and to resolve this issue, I am looking for the business to provide me with a like-for-like replacement or to take back the vehicle in return for a refund to the value of £16,000.”
The accredited business’ response:
- We understand the consumer had three concerns, namely the seals around the wheels, the loose clutch pedal and a rattle.
- With the seals around the wheels, our service manager looked at this and found it to be normal for the customer’s car.
- Our technicians looked at the clutch pedal and were unable to identify a fault.
- We traced the rattle to the fuel pump, which we tested and found to be working fine, and having looked at similar cars, this noise is known to be a characteristic of this model.
- As we’ve been unable to find a fault, we don’t think the consumer is entitled to a replacement vehicle or to reject their car.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the submissions provided by both parties and noted that there was no evidence to suggest there was anything wrong with either the car’s clutch or fuel pump, and that the only evidence he could see indicated there was no faults with the car.
- Whilst he recognised that the burden was on the business to prove the car was of satisfactory quality, because the consumer raised the issues within the first six months of taking delivery of the car, he was satisfied that they had undertaken reasonable investigations, and no mechanical defects were identified.
- It therefore fell to the consumer to provide technical evidence to show this diagnosis was incorrect and, due to there being insufficient information to support the fact that there were faults with the car that was supplied, the case was not upheld in the consumer’s favour, and no breach of the Motor Industry Code of Practice for Vehicle Sales was found.
Conclusion:
- As the consumer did not respond to the adjudication outcome, the case was closed.
