We take issue with a recent decision made by The Motor Ombudsman (TMO).
In a nutshell, the car was bought new. The “infotainment” system stopped working after five years and nine months—the screen went blank and a replacement was needed.
The Motor Ombudsman concluded:
Under the Consumer Rights Act 2015 (“CRA”), vehicle components that are not naturally subject to consumer wear and tear must be considered ‘reasonably durable’ prior to their failure, in order to deem the vehicle of satisfactory quality.
Therefore, it must be established whether the infotainment system failed prematurely to determine whether the vehicle was of satisfactory quality.
The infotainment system, as an electrical component, is estimated to last the expected lifespan of the vehicle, which is approximately ten years.
Consequently, there is no dispute that the system failed prematurely, having lasted only about 57.5% of its expected lifespan.
Accordingly, the Ombudsman found the vehicle to be of unsatisfactory quality. The Vehicle Sales Code was therefore breached.
As a result, the selling dealership was held responsible for covering the full cost of the replacement unit to rectify the infotainment issue.
This is a somewhat bizarre determination, given that TMO has essentially ruled that the estimated lifespan of a new car is just ten years.
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They appear to be saying that if a car’s electrical system doesn’t last this defined “lifetime,” then it was not of satisfactory quality at the point of sale.
However, under English and Welsh law, a consumer cannot bring a breach of contract claim to court more than six years after the contract was formed—regardless of when the defect appears. This means that TMO may award redress that not even a court of law could entertain! Presumably, the same decision would have followed had the system failed after six years, not five years and nine months.
Sadly, one’s confidence in TMO waivers when it hands down conclusions such as this—so do be mindful when considering signing up to their scheme.
If you’ve had a similar experience or are unsure about your responsibilities under the Vehicle Sales Code, give our legal team a call. Our telephone helpline and casework service are here to support you.
