Not upheld: Service failures generally complaint against Motability Operations Limited (trading as Motability Operations)

Decision detail

Summary

Mr S complained to the Financial Ombudsman Service about Motability Operations Limited's handling of a software compatibility issue between his BMW electric vehicle and its home charger, and the compensation offered. The charger, arranged by MOL as part of the lease, experienced intermittent compatibility problems with the BMW app that required a workaround involving unplugging and re-registering. Mr S, who is disabled, found this burdensome and believed MOL's £250 compensation was insufficient, seeking £450 instead. He also raised concerns about a 'laughing' emoji used by an MOL representative. The ombudsman found that while MOL was responsible for charger quality, the software compatibility issue was outside MOL's control, Mr S could still use the vehicle, and MOL took reasonable steps to assist. The ombudsman determined the £250 compensation was fair and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman held MOL responsible for the quality of the charger based on MOL's website representation and funding of the installation. However, the issue was a software compatibility problem between two separate applications, not a defect in the charger itself. The ombudsman found that Mr S was still able to charge and use the car, the problem did not occur at every charge, a workaround was offered (though not ideal), and the issue was outside MOL's control. The ombudsman considered the email correspondence as a whole to be professional and friendly, and could not fairly conclude there was an intention to mock Mr S with the emoji. The ombudsman determined that £250 was fair compensation in line with FOS general approach, considering the circumstances and MOL's reasonable steps to assist.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website