The consumer’s issue:
“I purchased a used 14-plate hatchback from a dealership in April 2019, and I am questioning the quality of the vehicle. Many parts have failed prematurely, and the car is not functioning well with respect to its age. I have had issues with the engine, which has seized and cracked, and encountered problems with the air conditioning. The business was instructed to change the entire engine, but I believe they have only changed parts of it. To resolve my complaint, I am looking to reject the vehicle and to receive a full or partial refund for the price I paid for the car.”
The accredited business’ response:
- The issues regarding the engine were resolved when the manufacturer paid for a new engine to be fitted in August 2020.
- The invoice clearly refers to an engine replacement, and it is the customer’s responsibility to update DVLA with the new engine number.
- We are prepared to inspect the vehicle with reference to the customer’s concerns about the air conditioning.
The adjudication outcome:
- The adjudicator explained the business’ obligation in terms of ensuring that the car is of satisfactory quality at the point of sale and acknowledged there was a repair completed to the engine.
- The adjudicator explained that once a repair has been completed and the vehicle is no longer experiencing any faults, it is considered that a remedy has been provided and there are no grounds to reject based on this.
- It was concluded that the invoice for the engine work demonstrated that the actual engine was replaced, as opposed to parts of the engine. The business was therefore correct in stating that the engine was replaced.
- It was recommended that the customer should take the car back to the business and allow them to inspect the issues with the air conditioning to determine if a repair was required, and to determine the cause of the fault.
- Based on the evidence provided, the adjudicator did not find the business to be in breach of The Motor Ombudsman’s Vehicle Sales Code, meaning the customer’s complaint could not be upheld in their favour.
Conclusion:
- The business accepted the adjudication outcome, and the consumer did not challenge the decision. The case was therefore closed.
