Ombudsman Evidence do I have a smoking gun?

alessandro

https://forums.moneysavingexpert.com/discussion/comment/82014679#Comment_82014679

I imagine it doesn't help but I have a witness statement backing up my version of events too and that the accelerator was being pressed (that said you can hear the car firing up it just doesn't move)

It is a petrol hybrid Suzuki Swift Ultra and it pulls to the right irrespective of where I am on the road. This is even when the blind spot indicator is on (as a car is about to overtake) or there is a car oncoming. I would expect the collision system to kick in in this instance but it doesn't it only kicks in (if that's what it is as no indicator light is shown) when I'm at speed irrespective of it there are parked cars or cars in front of me (don't get me wrong it does it then too but not exclusively)

Maybe a stupid question but isn't the ombudsman making a decision on balance of probability and a narrated video in real world settings I would hope is more balanced than it either being up on a ramp or driven a few mph on a forecourt packed with dealership and customer cars?

I imagine based on what people said they won't care that the dealership seems to have lied which is annoying

paul_c123

Whether the dealership lied or not is irrelevant, because it is not the criteria by which your claim is successful or not. You still need to 1) prove the car is faulty, 2) get them to accept this. Why not post the videos here?

Also, I think you are focusing on the wrong area. The finance company supplied you with a financial service, and the car dealer supplied you with a car (albeit bought on finance). The CRA2015 applies to the car sale - indeed it actually specifically mentions a financed car is still covered by it. So long as no errors were made with the financial admin side of it, there is no claim against the finance company.

Herzlos

A narrated dash cam video of "I'm pressing the accelerator now….. now we're moving" should be sufficient, it's not court.

Does the car have a handbrake or a parking brake with some kind of hill hold control? Because my car has the latter and it can take a couple of seconds to get moving from a standstill if you've come off the brake. It's worse than usual coming out of a supermarket here where it's on an uphill. 6 seconds seems excessive though, even if it feels like an eternity because you've finally got a gap to turn out.

I've also got a lane departure system and it's convinced that a section of repaired road is a line and it wants to pull the car along it, but it can be overriden by a firm grip of the wheel. It's fine pretty much everywhere else though.

Do the faults always occur? Is there a particular road or junction that it always happens on, or a particular angle or similar?

alessandro

https://forums.moneysavingexpert.com/discussion/comment/82014738#Comment_82014738

How is it not though when my claim was rejected because of these road tests? I have a full account of all the miles driven (including the day they had it) and the total matches exactly the current mileage. Thus their tests were fabricated. I attempted to buy the videos didn't work.

https://forums.moneysavingexpert.com/discussion/comment/82014743#Comment_82014743

It's intermittent faults and it occurs on flat roads and hills. It can happen on any type of road and any type of busyness of road.

paul_c123

"I attempted to buy the videos didn't work" - what does this mean?

LightFlare

https://forums.moneysavingexpert.com/discussion/comment/82014798#Comment_82014798

Op attempted to upload the videos (as you suggested) - but it didn't work maybe ?

alessandro

Yeah meant I attempted to upload sorry been a long day :D

said a plug in wasn't supported or something

Alanp

https://forums.moneysavingexpert.com/discussion/comment/82014341#Comment_82014341

as opposed to the shark who picked up a very ill squid, then giving it to his mate and saying “ there’s that sick squid I owe you “…

QrizB

If we're doing squid jokes, this is the best one I know (although it helps if you're familiar with 1980s TV adverts).

Are you sitting comfortably? Then we'll begin.

A guy walks into a restaurant and wants to eat squid. He calls the waiter over, whose name is Jervais, and says "I want that squid there", pointing into the live fish tank at at a little green squid with a hairy moustache on its top lip.

Jervais says, "but that's my favourite, I don't want to kill it, it's so mild and friendly". But the customer is insistent, so Jervais goes over to the tank, pulls out the squid and lays it on the worktop. He raises a knife and is about to chop it up, but he can't.

Jervais goes back to the customer, and says "I just can't can't kill it" but the customer still insists that he
wants to eat that specific squid.

Jervais has an idea, and says "OK, I'll go and get Hans, our dishwasher. He's a tough guy, he'll be able to kill it". He goes and gets Hans, and Hans takes the knife and is about to chop the squid up, when it looks up at him.

Hans sees its mild little face and its hairy lip and he can't kill it either, so they both go and tell the customer that they're really sorry and he can't eat it. The customer leaves the restaurant in disgust.

And the moral of the story?

Hans that does dishes is as soft as Jervais with mild green hairy lip squid.

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/82014750#Comment_82014750

The thing is you're trying to argue that a 19 mile round trip isn't a road test and they (presumably) are. Have you spoken to them directly about the veracity of the road tests that they couldn't have done?

You're focusing too much on catching them out, and not on proving the fault exists. Even if you get them to take the car on another road test, you may find you're in the same position if they still don't see it.

Sometimes with this sort of intermittent fault the dealer will agree to use the car as a pool car for a few days to get more time in the car than they can justify with a test drive, assuming you're happy with them keeping the car for longer. But realistically the easier you can prove the car is faulty the easier it'll be for you to get them to fix it or unwind the deal.

Are there any other Suzuki service centres you could get to have a look? Have you found an owners group and asked about the symptoms?