The consumer’s issue:
“I purchased my car in October 2015 and my stop-start system is now not working properly. I reported the issue, and since then, the car has been returned to the dealership several times for tests, and three ECUs have be fitted to try to rectify this issue. I would like this problem to be corrected once and for all, and I am also seeking the assurance that should this problem arise outside of the warranty period, it will be rectified at no cost to myself.”
The accredited business’ response:
- The consumer contacted us regarding the stop-start issue on his car, and his vehicle was fitted with an alternator on 26 April 2016 and a modulator on 02 June 2016.
- Unfortunately, these items did not cure his concerns and the customer reported the issue once again when he got in touch with us on 17 October 2017.
- He was advised that the matter was under investigation with the factory, and that once a software update was released, this would be passed to the dealer network and in turn to the customer who was affected by the issue.
- We spoke to the vehicle owner on 29 March 2018 and he was advised that when this information was available (it wasn’t at this time), it would be released to our dealers.
- The customer was also provided with vouchers as a gesture of goodwill for the delays that he had experienced up until this point.
The adjudication outcome:
- The adjudicator did not uphold this case because the warranty would cover the cost of the repair of a manufacturing defect. The manufacturer has stated that the solution to the issue is not available immediately.
- The adjudicator was unable to recommend that the manufacturer did anything further regarding the problem being faced by the consumer.
- As the remedy was not available, the adjudicator did not have the authority to instruct the manufacturer to act on it.
- As the car was purchased within the past six years, the consumer still has the opportunity to present this issue to the seller and exercise their legal rights.
Conclusion:
- The consumer was dissatisfied with the adjudication outcome and requested a final decision from the ombudsman. However, the outcome was not overturned in favour of the consumer.
