Random boot opening

The consumer’s issue:

“In October 2019, I purchased a brand-new 69-plate saloon from my local dealership. I was happy with my car’s performance, but the boot of my vehicle would open by itself at random times. I’ve heard that owners with the same model vehicle have had the same experience.

I have conducted some research into the matter, and have been advised that the only way for the problem to be resolved is to have the key fob reset, but the price I was quoted for doing this was £200. As a result, I submitted a warranty claim in November 2021 for the repair of this component with the customer service department of the manufacturer. However, they refused it, and I do not think that this is fair.

As a resolution to the complaint, I am looking for the manufacturer to honour the terms of the warranty and cover the full cost of the repair.”

The accredited business’ response:

  • We received notification from the consumer that they were experiencing issues with the vehicle key and the boot, and recommended that the car was booked into the customer’s local dealership to investigate the problem.
  • A specialist technician looked at the consumer’s vehicle, but a problem with the customer’s key or vehicle could not be found, and no fault codes were reported or stored.
  • It was believed that the boot was being activated by accident, and therefore this was giving the impression of a fault.
  • We therefore advised that the key could be recoded to change the setting of the function activation and that the consumer would need to contribute towards the cost since this was not a warrantable repair.
  • Therefore, we are unable to uphold the customer’s complaint.

The adjudication outcome:

  •   The Motor Ombudsman adjudicator stated in their decision that the evidential burden was on the customer to demonstrate that the cause of the fault was due to a manufacturing defect.
  • In terms of the manufacturer’s warranty, it stated that it will cover the cost of repairs of any fault on the vehicle that is caused by a manufacturing defect.
  • However, there was no documentation submitted by the consumer for consideration that could lean towards such a conclusion.
  • Therefore, the adjudicator concluded that there was insufficient evidence to demonstrate a breach of the New Car Code by the manufacturer had occurred, meaning the case was not upheld in the consumer’s favour.
  • As a result, the vehicle manufacturer was under no obligation to cover the cost of the key fob being reset.

Conclusion

  • The business agreed with the adjudication outcome, but the consumer did not respond or provide any additional evidence in support of their complaint.
  • Due to the fact that no response was received by the consumer within the timeframe required, the adjudicator proceeded to close the case.