Not upheld: Goods and services under S75 complaint against Marsh FM LLP
Financial Ombudsman decision DRN-5158038 of 2025-06-19T00:00:00+00:00. Goods and services under S75 complaint against Marsh FM LLP. Outcome: Not upheld.
Decision detail
| Reference | DRN-5158038 |
|---|---|
| Decision date | 2025-06-19T00:00:00+00:00 |
| Firm | Marsh FM LLP |
| Product | Motor finance (PCP / HP) |
| Claim type | Goods and services under S75 |
| Outcome | Not upheld |
| Remedy | No remedy ordered. The ombudsman noted that X may seek legal advice and pursue matters through a court route if he wishes. The ombudsman signposted X to organisations that may provide assistance with financial difficulties and advised X to speak to Marsh regarding forbearance and due consideration. |
Summary
X purchased a second-hand car over seven years old with 77,500 miles through a hire purchase agreement with Marsh in September 2023. In May 2024, approximately nine months after purchase and after covering over 18,700 additional miles, X experienced engine problems including an illuminated engine management light. An independent inspection identified significant engine issues including bearing failure and timing chain deterioration, along with emissions-related fault codes. X complained to Marsh that the car was not of satisfactory quality, but Marsh declined to uphold the complaint. The ombudsman applied the Consumer Rights Act 2015 and found that the faults were consistent with reasonable wear and deterioration for a second-hand vehicle of this age and mileage, rather than inherent defects present at the point of sale, and therefore did not uphold the complaint.
The Ombudsman's reasoning
The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality as judged by what a reasonable person would consider satisfactory, taking into account the description, price, and relevant circumstances. For a second-hand car over seven years old with 77,500 miles at supply, a reasonable person would expect it would not perform as well as a new car and would carry a greater risk of wear and repairs. The ombudsman found that while X experienced genuine problems, the independent inspection report credibly concluded these were due to wear and deterioration rather than inherent defects present at the point of sale. The faults did not occur immediately and only emerged after X had covered a substantial additional mileage. The ombudsman gave significant weight to Business A's report, which included a statement of truth and concluded the issues were not inherent faults. Regarding durability, the ombudsman noted the inspector's observation on this point was not based on mechanical expertise but rather court and FOS experience, and found insufficient persuasive evidence that the goods were not reasonably durable given the extensive use of a second-hand vehicle.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Marsh FM LLP, all decisions | 8 | 62% |
| Goods and services under S75, all decisions | 19,153 | 37% |
| Motor finance (PCP / HP), all decisions | 19,455 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website