The consumer’s issue:
“I took my car to the garage to look at why it wasn’t starting on some occasions. They told me this was due to changes in the weather. Sometime later, the problems starting my car became more frequent, so I took it back to the business to have a look at. They then told me it needed a new starter motor costing £400. When I asked if it was covered by my warranty, I was told that it wasn’t as my warranty had expired. I don’t think this is fair, as it’s the same fault that they couldn’t find when my car was under warranty.”
The accredited business’ response:
- When the car was with us previously for investigation, we could not find any evidence of any faults and were unable to replicate the reported issue.
- We therefore returned the vehicle to the consumer, and asked her to monitor the situation and let us know if there were any further recurrences.
- We did not have any other contact with the customer until the car was then returned for investigation after the warranty had expired.
- We do not accept responsibility for the refusal of the customer’s warranty claim and are unable to cover the cost of the repair.
The adjudication outcome:
- The Motor Ombudsman adjudicator accepted that, as is the nature of periodic faults, the issues affecting the consumer’s car when it first left the garage, did not manifest while the car was in its care, or leave a trace on the vehicle’s internal fault log.
- The adjudicator also felt there was insufficient evidence to conclude that it was more likely than not that the fault that prompted the original starting issue investigation was the same problem that was apparent after the warranty had expired.
- As there was no reason to suggest that the business had failed to investigate the fault with reasonable care and skill, the adjudicator could not uphold the customer’s claim.
Conclusion:
- The customer and accredited business accepted the outcome as recommended by The Motor Ombudsman adjudicator, and the case was closed.