The consumer’s issue:
“I purchased a second hand car from a business thinking that it was a main dealer, and that I would be buying a car of high quality. However, my tailgate keeps opening randomly, even if I am not in the vehicle. I have left my car with them and hand delivered a letter asking for all of the money back that I paid for the car as I consider it to be faulty. The business is only willing to sell my vehicle for me or give me back the current market value.”
The accredited business’ response:
- We could not replicate the fault that the customer has complained about.
- We contacted the manufacturer and there are no known issues with this model.
- We advised the customer that we cannot accept his request for the rejection of the vehicle.
- We also explained that he is still the registered keeper of the car, and that he has abandoned his vehicle on our property.
- We have offered to buy back his car or sell it to him with no profit, but he declined.
The adjudication outcome:
- The Consumer Rights Act 2015 applies to a fault with makes the vehicle of unsatisfactory quality.
- The Motor Ombudsman adjudicator could not uphold the customer’s complaint because there was no evidence of a fault.
- The consumer was asked to collect the vehicle to avoid storage fees which the business is entitled to charge.
- The consumer was advised to submit evidence of a defect via an independent report, or equally, they can negotiate with the business on the goodwill offers of a buy back or re-sell with no profit.
