Missing sports car services

The consumer’s issue:

“On 1st August 2021, I purchased a used sports car from a franchise dealership. Upon collecting the vehicle, I noticed that the spare key was not working, and that the service book was missing.

I therefore contacted the business and they agreed to order a new service book and vehicle manual, but when I questioned them about the service history, they said that they could only provide a record of one service. When I agreed to purchase the vehicle, they said that it had a full service history, but this was not the case.

Due to a change of personal circumstances, I now want to sell the car, but as it does not have a full service history, it will be worth less money. The dealer has offered to buy the car back off me, but they are offering £1,500 less than what I paid for it, with a £300 deduction for the mileage I have driven.

To resolve the complaint, I would like the dealership to refund the full cost of the vehicle.”

The accredited business’ response:

  •  Following the complaint being referred to The Motor Ombudsman, the consumer subsequently accepted a refund of £19,200 for the vehicle.
  • Despite admitting no liability, we made the customer an offer which was accepted. We therefore consider this as a full and final settlement of the complaint, and we see no reason why we should contribute a further £295 that was deducted for the 1,700 miles added to the vehicle.
  • This is our final response to the matter and the consumer accepted the offer.

The adjudication outcome:

  • Under the Code of Practice for Vehicle Sales, the business had an obligation to ensure that the vehicle was of satisfactory quality, fit for purpose and as described at the point of sale.
  • The Motor Ombudsman adjudicator noted that neither party had provided any evidence in relation to the sale of the vehicle or the paperwork that was completed. Therefore, the adjudicator was unable to consider whether the vehicle was mis-sold in relation to the service history.
  • Regarding a deduction for mileage completed by the consumer, The Motor Ombudsman adjudicator concluded that the £295 deduction was fair and reasonable. Ordinarily, a deduction of £0.25p would be made per mile, meaning 1,700 miles would equal a deduction of £425.
  • Therefore, the mileage deduction stated by the business was less than what would have normally been recommended, meaning this was found to be a fair and reasonable settlement.
  • In conclusion, the adjudicator did not find that the business had breached the Code of Practice for Vehicle Sales. Therefore, the complaint was not upheld in the consumer’s favour.

Conclusion

  • Neither party responded to the decision, and therefore it was accepted that both parties agreed to the outcome, and the case was closed.