Not upheld: Goods and services under S75 complaint against Moneybarn Limited

Decision detail

Summary

Mr B purchased a 10-year-old used car via conditional sale agreement with Moneybarn in September 2023 for £7,634.67. He reported a radiator leak in October 2023, but the dealership found no fault and the car appeared to drive normally thereafter. In August 2024, approximately 11 months later and after driving over 10,000 additional miles, a mechanic confirmed radiator coolant leakage. Mr B complained to Moneybarn that the car was of unsatisfactory quality at supply, but Moneybarn rejected the complaint. The ombudsman upheld Moneybarn's position, finding insufficient evidence the radiator defect existed at point of supply, given the time gap, additional mileage, and the dealership's inability to identify a fault in October 2023.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard that goods must be of satisfactory quality, considering the car's age (10 years), mileage (81,815 miles at purchase), and price (£7,634.67). The key reasoning was that the dealership's inability to find a radiator fault in October 2023, combined with the car driving satisfactorily thereafter, and the significant time gap (11 months) and additional mileage (10,000+ miles) before the fault reappeared in August 2024, meant there was insufficient evidence the defect existed at point of supply. The ombudsman found the dealership's position persuasive that a leak present at supply would have manifested sooner.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website