Not upheld: Goods and services under S75 complaint against FREEMANS PUBLIC LIMITED COMPANY

Decision detail

Summary

Mrs H purchased a tumble dryer for £379.99 through a Freemans catalogue shopping account in August 2023. After 18 months of use, the dryer began making loud sounds and shaking. Mrs H claimed the dryer was not of satisfactory quality under the Consumer Rights Act 2015 and sought repair or replacement. Freemans requested evidence of fault to assess the claim. The ombudsman found that because the fault occurred outside the six-month presumption period, Mrs H was required to demonstrate the defect existed at the point of supply. Since Mrs H provided no such evidence and declined to cooperate, the ombudsman found Freemans had treated her fairly and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of 'satisfactory quality', which includes durability as a relevant aspect. However, the ombudsman noted that the six-month presumption period under CRA 2015 only applies when a fault occurs within six months of purchase. Since the fault occurred at 18 months, the burden of proof shifted to Mrs H to demonstrate that the defect was present at the point of supply rather than caused by subsequent use or wear. Mrs H provided no such evidence and declined to cooperate with Freemans' reasonable request for evidence of fault. Therefore, Freemans could not be held liable for the defect.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website