The consumer’s issue:
“I purchased a used 68-plate coupé from a dealership in November 2019, and after having owned it for just over six months, the steering column failed. The same problem happened on two separate occasions, which I found to be dangerous to both myself and other road users.
The wipers, indicators, horn and flashlights also failed whilst driving, and the car needed to be jumpstarted as it lost power. To resolve my dispute, I would like a full refund for the price I paid for the car, and for my deposit to be transferred across to a new vehicle. I also want to be compensated for the time I have had to take off work, and for the stress that I have been caused due to the problems with my car.”
The accredited business’ response:
- We sold the vehicle to the customer in November 2019 with 7,000 miles on the clock, and this had reached 38,000 by March 2021.
- Considering the mileage and time that had passed, we believe the car is fit for purpose.
- We utilised the warranty to cover repairs to the vehicle on two separate occasions, and kept the customer mobile to mitigate any inconvenience to them.
- As a gesture of goodwill, the finance company also compensated the customer for the inconvenience caused to them.
The adjudication outcome:
- The adjudicator reviewed the evidence provided by both sides and did not find a breach by the dealership of the Vehicle Sales Code.
- The adjudicator pointed out that historic faults are not grounds for a refund, as a remedy had already been provided.
- The adjudicator also did not receive any evidence from the consumer showing any current faults to the vehicle, or support the presence of an inherent problem.
- As a result, the business was not found to be in breach of The Motor Ombudsman’s Vehicle Sales Code, and the case could not be upheld in the consumer’s favour.
- The adjudicator also advised the consumer that The Motor Ombudsman does not provide compensation for unquantifiable losses, such as stress.
Conclusion:
- The case was closed following no further response from the either party after an allocated period of time.
