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  • FIRST POST
    • DavidT67
    • By DavidT67 10th Mar 17, 9:49 PM
    • 55Posts
    • 22Thanks
    DavidT67
    Motor Ombudsman claim process
    • #1
    • 10th Mar 17, 9:49 PM
    Motor Ombudsman claim process 10th Mar 17 at 9:49 PM
    Hi folks,
    Hoping someone with expertise / knowledge of Motor Codes / Ombudsman dispute resolution can provide an informed answer.

    In brief, car was taken to a garage with one fault and two new faults appeared during diagnostics process.
    After much back and forth after three months garage has resolved original fault and one of the two additional faults, but is unable to resolve the remaining fault, which was not present at the outset.

    Their full and final offer is to waive all costs provided we collect the car promptly.

    However, we are minded to make a claim to the Motor Ombudsman due to the loss in value for the car now having an unclearable fault, which will make it hard to sell. Car now probably worth £500 for parts / scrap.

    But we are concerned that their may be more downside rather than upside, if the ombudsman finds in the garage's favour we will face a large bill, £2K, for the garage's work?

    So in our shoes would you accept the car back, with a loss in value of circa £2K or go to ombudsman.

    Thanks in advance
Page 1
    • rich13348
    • By rich13348 10th Mar 17, 9:52 PM
    • 809 Posts
    • 434 Thanks
    rich13348
    • #2
    • 10th Mar 17, 9:52 PM
    • #2
    • 10th Mar 17, 9:52 PM
    What is the unclearable fault?
    • pappa golf
    • By pappa golf 10th Mar 17, 9:53 PM
    • 7,644 Posts
    • 7,893 Thanks
    pappa golf
    • #3
    • 10th Mar 17, 9:53 PM
    • #3
    • 10th Mar 17, 9:53 PM
    and the remaining fault is?
    • DavidT67
    • By DavidT67 10th Mar 17, 10:32 PM
    • 55 Posts
    • 22 Thanks
    DavidT67
    • #4
    • 10th Mar 17, 10:32 PM
    • #4
    • 10th Mar 17, 10:32 PM
    All three faults related to electronics and various control units.
    Unresolved issue is with electronic parking brake failing to release.
    • forgotmyname
    • By forgotmyname 11th Mar 17, 12:58 AM
    • 26,034 Posts
    • 10,383 Thanks
    forgotmyname
    • #5
    • 11th Mar 17, 12:58 AM
    • #5
    • 11th Mar 17, 12:58 AM
    A garage has partially fixed your car and because they cannot fix a fault that was not showing until the previous fixes were implemented is now saying they wont charge you and your not biting their hand off?

    Your car will have depreciated the same amount in their hands or yours. Where is the loss? You had a faulty car and still have a faulty car with some new parts that will cost you nothing.

    Take the car elsewhere.

    If the new garage say the fault was caused 100% by the previous garage and
    willing to put it in writing etc then go back and claim for the repairs (possibly
    minus the original repair cost). But you would need to prove they caused it and it
    didnt just happen in their care but another fault like the battery dying and losing an
    ECU setting.
    Last edited by forgotmyname; 11-03-2017 at 1:01 AM.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • DavidT67
    • By DavidT67 11th Mar 17, 9:43 AM
    • 55 Posts
    • 22 Thanks
    DavidT67
    • #6
    • 11th Mar 17, 9:43 AM
    • #6
    • 11th Mar 17, 9:43 AM
    OK, thanks for the input, good to get alternative views on this.

    As you say, how to prove whether fault was caused by garage or they just revealed it is a problem.
    • toomanyshoes
    • By toomanyshoes 11th Mar 17, 7:02 PM
    • 71 Posts
    • 31 Thanks
    toomanyshoes
    • #7
    • 11th Mar 17, 7:02 PM
    • #7
    • 11th Mar 17, 7:02 PM
    As far as i understand the motor ombudsman/motorcodes is funded by the garages who are its members and so i wouldn't bother as they are unlikely to be impartial. How they are allowed to be called an onmbudsman is anyones guess.
    • bigadaj
    • By bigadaj 12th Mar 17, 9:25 AM
    • 10,690 Posts
    • 6,981 Thanks
    bigadaj
    • #8
    • 12th Mar 17, 9:25 AM
    • #8
    • 12th Mar 17, 9:25 AM
    As far as i understand the motor ombudsman/motorcodes is funded by the garages who are its members and so i wouldn't bother as they are unlikely to be impartial. How they are allowed to be called an onmbudsman is anyones guess.
    Originally posted by toomanyshoes
    Virtually all such schemes are industry funded one way or the other, certainly all the financial ones.

    It depends on the separation between the revenue raising and the arbitration service really, most are set up to favour the customer in theory but whether that works in practice is a different matter.
    • CarWorries
    • By CarWorries 13th Mar 17, 1:00 PM
    • 2 Posts
    • 0 Thanks
    CarWorries
    • #9
    • 13th Mar 17, 1:00 PM
    • #9
    • 13th Mar 17, 1:00 PM
    Hello - sorry to hear about your problems. If you are running up against a tight timeframe, do be aware that if you submit a complaint to the Motor Ombudsman they first need to consider your issues (which won't be done overnight) and then (and only if they think you have a valid issue) they will give the other side 15 working days (essentially 3 weeks) to put forward their side of the argument BEFORE the adjudicator reaches a decision. If you don't agree with the decision, you do have one chance to have that decision reviewed by the Ombudsman - and even then you don't have to accept it. Timewise, do you have that flexibility up your sleeve?

    Have a look at the Consumer Rights Act and see if you fit under any of the criteria there. I don't know the age of the car, but that legislation contains details about who has the obligation to prove inherent manufacturing faults; the right to reject/refund.

    You should also have a look at the Motor Ombudsman's website and the various Codes listed there to see if you can identify a particular breach of commitment by the garage. Also have a look at the reviews on the Motor Ombudsman's service and of any cases that they have decided. That might give you a 'feel' as to whether you are likely to get a favourable outcome.

    Regarding the Motor Ombudsman - we have just rejected the adjudicator's initial decision in our case and asked for a review. It was a disappointing outcome as we certainly felt that other parties should have been given a ticking off for their part in our brand new car's break down and delayed repair. However, we've asked for a review so, naively, I live in hope of a fair outcome.

    Good luck
    • welfayre
    • By welfayre 13th Mar 17, 9:20 PM
    • 161 Posts
    • 140 Thanks
    welfayre
    Unless the garage you're complaining about are signed up to the scheme you'll be wasting your time.
    • DavidT67
    • By DavidT67 14th Mar 17, 11:22 AM
    • 55 Posts
    • 22 Thanks
    DavidT67
    Thanks CarWorries, and yes welfayre garage is signed up to Motor codes /ombudsman.

    The value of going to ombudsman adjudication seem to hinge around whether one party or another could prove or disprove pre-existing undiscovered faults or not and what fair value for the vehicle would be with or without those faults.

    A friendly solicitor thinks case is warranted, a friendly independent garage owner advises it's not worth the aggravation for likely payout...
    • DavidT67
    • By DavidT67 24th Mar 17, 12:50 PM
    • 55 Posts
    • 22 Thanks
    DavidT67
    Car collected from garage, with no costs to pay, as three intermittent faults / warnings still present.
    Now sold to motor trade via "SellMyJamJar" at surprisingly not much below quoted book value.
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