Not upheld: Goods and services under S75 complaint against LEASYS UK LTD

Decision detail

Summary

Mr H complained that a brand-new car supplied under a hire agreement with LEASYS UK LTD was of unsatisfactory quality because it was delivered without fuel and with an engine warning light illuminated on 29 August 2024. The vehicle was recovered and repaired, with the repairer noting the fuel pressure fault cleared after fuel was added and adjusting a heat shield. LEASYS arranged an independent inspection which found no faults and offered £100 compensation. The ombudsman found the car was of satisfactory quality when supplied, as the engine warning light was likely caused by insufficient fuel rather than an underlying defect, and Mr H's acceptance of repairs waived any short-term right to reject. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality. For a brand-new car, a reasonable person would expect higher quality standards and freedom from significant defects. The ombudsman found the engine warning light was likely caused by the lack of fuel rather than an underlying fault, as the fuel pressure issue did not recur after fuel was added and the independent inspection found no faults. Although the car should not have been delivered without fuel, this did not constitute a satisfactory quality breach. Additionally, Mr H accepted repairs to the vehicle, which waived any short-term right to reject under the CRA.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website