The consumer’s issue:
“In November 2019, I purchased a brand-new 69-plate compact SUV from my local dealership. I was quite pleased with the condition of the vehicle and how it drove. However, soon after purchase, no traffic reports were being delivered via the radio.
Frustrated, I got in contact with the selling dealership informing them of the issue. The vehicle was booked in for an investigation hoping that the fault would be repaired within the terms of the warranty considering it was brand new.
The response I received was less than satisfying, as the dealership came back to me saying that there was no issue with the infotainment system, and that it merely needed a software update, so my warranty claim was declined. Despite this being carried out, there is still a fault with the car.
In total, I visited the dealership 11 times between the time I bought the car and February 2021. As a resolution to my complaint, I am looking for the business to cover the cost of investigating the issue, repairing the infotainment system or, alternatively for them to replace the unit under the terms of the warranty.”
The accredited business’ response:
- In April 2020, we were informed that the consumer was having an issue with the traffic reports not coming on when listening to the radio.
- In June 2020, our field engineer found no fault with the car, and the traffic reports were working correctly.
- A lack of interruptions can sometimes occur due to the area the vehicle is in or the radio stations, as the car is only the recipient of the signal.
- Despite numerous investigations by various retailers in the business network and diagnostics reports, no issue was found with the infotainment system other than a software updated that needed to take place.
- The consumer was advised that, if any further issues were encountered, they should attend their local retailer for further investigation.
The adjudication outcome:
- The Motor Ombudsman adjudicator explained that the consumer had the evidential burden of showing that the issue was the result of a manufacturing defect.
- After reviewing the facts of the case, the adjudicator found that there was no documentation or independent technical evidence to show that the radio system failed or was faulty.
- Therefore, the adjudicator did not uphold the complaint in the consumer’s favour, as the New Car Code had not been breached by the vehicle manufacturer.
- As a result, the adjudicator concluded that the business was not obliged to repair or replace any components under the terms of their warranty.
Conclusion
- The business agreed with the adjudication outcome, but the consumer did not respond or provide any additional evidence in support of their complaint within the timeframe required. The case was therefore closed.
