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

Decision detail

Summary

Miss M complained that a used car supplied to her under a hire purchase agreement with Carmoola in October 2024 was of unsatisfactory quality. While the car experienced an engine failure in December 2024 and other issues in March 2025 that were resolved through repair and compensation, Miss M subsequently reported low coolant levels and engine starting problems in May 2025. An independent engineer's report confirmed these May 2025 faults were not present during previous inspections and therefore were not present or developing when the car was supplied. The ombudsman found no evidence supporting Miss M's claim that these later faults were present at the point of supply and noted that Miss M had successfully driven approximately 8,000 miles between inspections, which would have been impossible if the faults had existed. The complaint was not upheld.

The Ombudsman's reasoning

Under the Consumer Rights Act 2015, goods must be of satisfactory quality when supplied, with faults within the first six months presumed to have been present at supply unless the supplier proves otherwise. The independent engineer's report, which the ombudsman found reliable, explicitly stated the May 2025 faults were not present during previous inspections and therefore were not present or developing when the car was supplied. The ombudsman also considered that Miss M successfully drove approximately 8,000 miles after the March 2025 inspection, which would have been impossible had these faults existed at the point of supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website