When Things Go Wrong
Friday, 25. May 2018
What Car reported a problem experienced by a reader who bought a £68,000 2015 registered Jaguar F Type Convertible V8 R AWD. The car had covered just 1,800 miles and the driver was delighted until, whilst crawling along in traffic on the M25, ah the memories, the pedestrian airbag under the bonnet deployed.
The bonnet would no longer close making the car undrivable. The car was returned to Lookers, Jaguar in West London. He was told that the airbag needed to be replaced and re-calibrated at a cost of £2,000. I was shocked to read that he agreed to pay for the repair.
If a fault becomes apparent within the first 6 month of ownership the law is on the side of the buyer, the seller must prove that the fault did not pre-exist. Within the first 30 days he can reject the car which is what I would have done. To make matters worse the airbag deployed again, without warning, and whilst driving over a speed bump.
Again Lookers insisted that the airbag had deployed legitimately, took 24 days to repair the car and increased the cost to £3,820. Incidentally the 30 day rule applies to used cars as well as new cars – as does the rest of the Consumer Rights Act.
He complained to Jaguar who took 4 months to respond. They still insisted that the deployments were legitimate and refused to refund any of the cost. This was after he provided photographic proof that the car hadn’t been damaged, there were no police reports of him hitting a pedestrian – hardly likely whilst driving on the M25 from where he was recovered.
He then wrote to What Car. They were incensed and wrote to Jaguar only to be given the cold shoulder. After receiving the same response from Jaguar as Mr Magee they recommended that he contact the Motor Ombudsman, the ‘Independent Arbitration Service’, run by the Society of Motor Manufacturers and Traders. I added that bit.
If you think they are independent you have dogs poo for brains. By their own admission on their website they are increasing business to their members, those whom they investigate, as consumers perceive that they are safer in the hands of those signing into the Motor Ombudsman service.
It used to be called Motor Codes – they changed it to the Motor Ombudsman, no doubt to give the impression that they are similar to the Government funded Financial Ombudsman Service. My advice would be to download a copy of my PCP report which contains loads of advice and contacts.
He then needs to register a complaint with Trading Standards via the Citizens Advice Bureau. He should also take up a complaint with:
European Consumer Centre UK Trading Standards Institute (TSI)
Sylvan Court 1, Sylvan Way
Southfields Business Park Basildon
UK – Essex SS15 6TH
Tel.: +44 (0)8456 04 05 03 (Monday to Friday: 10:00am to 3:00pm) email: eccnet-uk@ec.europa.eu
Once you get the European regulators involved things start to happen. The problem is that so few people know how to deal with issues when it comes to cars. By Graham Hill
