The consumer’s issue:
“I took my ‘66-registered hybrid hatchback, which I bought new, to the dealership for its three-year service and first MOT. I had only done 15,700 miles at this stage, but the car failed its MOT on 23rd August 2019 due to warped rear brake discs. This car has been driven with care, and I have never seen this happen before.
When I questioned the findings of the business, I was told the damage could have been the result of the car not being used enough, or that I had been braking too hard. If this was the case, surely harsh braking would have caused the front brakes to burn out rather than the rear brakes to become warped.
I was charged £200 for the cost of the repair, and as a resolution to the complaint, I would like the manufacturer to reimburse me for this work, as the damage should have been covered by the existing five-year new car warranty.”
The accredited business’ response:
- The customer contacted us (the vehicle manufacturer) on 23rd August 2019 to advise that his vehicle had not passed its first MOT due to the rear brake pads and discs failure.
- They explained that the dealership was trying to charge them for the replacing the parts rather than claiming under the warranty.
- We contacted the Service Manager at the dealership who told us that the brake discs and pads had warped, and believed that this damage was caused by wear and tear, rather than being a manufacturing defect. Therefore a warranty claim was not submitted.
- Our warranty department relies on the diagnosis provided by the dealership, as we cannot physically see the car for ourselves.
- Brakes are a component which are subject to different levels of wear and tear, depending on vehicle usage and driving style, and we cannot give a guaranteed time for which they will last.
- Whilst we appreciate the consumer may have expected the parts to last longer than they did, unfortunately these have failed due to wear and tear and not a manufacturing defect.
The adjudication outcome:
- The Motor Ombudsman adjudicator noted that it was not disputed that the brakes had failed, and the manufacturer stated that it was due to wear and tear rather than being the result of a manufacturing defect.
- The adjudicator agreed with this position, and concluded that the customer did not provide evidence, such as a technical report, to dispute the dealership technician’s findings that the failure was a result of wear and tear.
- The adjudicator addressed the consumer’s concerns regarding the lifespan of the failed parts and advised that wear and tear items can fail at any stage, and the failure can be caused by various reasons, such as driving style and road conditions etc.
- In order to consider the case further, the adjudicator gave the consumer the option of providing an independent report to substantiate their position.
- The customer did not provide any further evidence, meaning that their complaint was not upheld.
Conclusion:
- Both parties agreed with the adjudication outcome, and the case was closed with no further action taken by either party.
