Not upheld: Section 75 Consumer Credit Act claim - alleged misrepresentation regarding product specifications complaint against Santander UK Plc

Decision detail

Summary

Mr M purchased an electric commuter bike with a 500W motor in 2024. When his bike was stolen, he ordered a replacement in April 2025 from the same retailer using his Santander credit card, expecting an identical bike. However, the replacement had a 250W motor. When the retailer refused a refund, Mr M asked Santander to raise a Section 75 CCA claim for misrepresentation. Santander declined the claim, and the ombudsman upheld their decision, finding that the retailer's product webpage accurately specified the 250W motor in a reasonable location and the delivered bike matched the advertised specifications, so there was no misrepresentation or breach of contract.

The Ombudsman's reasoning

The ombudsman found that while the motor size change was significant, the information was accurately displayed on the product webpage in a reasonable location. Although Mr M expected the same specifications as his previous purchase, the retailer was not obliged to prominently highlight the change indefinitely, particularly as it would only affect a small percentage of returning customers. The delivered bike matched the advertised specifications, so there was no misrepresentation or breach of contract under Section 75 CCA.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website