Not upheld: Goods and services under S75 complaint against Marsh Finance Limited

Decision detail

Summary

Ms W complained to Marsh Finance about multiple defects in a nearly 10-year-old car supplied under a hire-purchase agreement, including battery failure, exhaust problems, and water pump failure. She sought to return the car, cancel the agreement, and obtain reimbursement. Marsh Finance declined, stating Ms W had not demonstrated the issues were present at supply and requested independent engineer evidence. The ombudsman found that the reported problems were consistent with normal wear and tear for a car of that age and mileage, and did not constitute a breach of the satisfactory quality obligation under the Consumer Rights Act 2015. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 satisfactory quality test, which is objective and considers what a reasonable person would find satisfactory given the car's age, price, mileage, and condition. While the car required repairs, this does not automatically mean it was unsatisfactory quality. For a nearly 10-year-old car with 89,000 miles priced at £8,694, expenditure on items such as battery, exhaust, and water pump replacement falls within reasonable expectations. The water pump failure was likely due to wear and tear from age rather than inherent defect, and the anticipated lifespan of that part had already been reached. Ms W had reasonable use of the car before the water pump issue arose.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website