Not upheld: Goods and services under S75 complaint against Ferrari Financial Services GmbH

Decision detail

Summary

Mr C purchased a used 9-year-old high-performance car via hire purchase from Ferrari Financial Services in March 2024. The car subsequently experienced multiple issues including alternator belt failure, transmission fault, and engine management light problems. Mr C complained that the car was of unsatisfactory quality and sought to reject it. The FOS investigator initially upheld the complaint, but the ombudsman reversed this decision, finding that for a 9-year-old high-performance vehicle with considerable mileage, the issues experienced were consistent with normal wear and tear rather than pre-existing faults affecting satisfactory quality. The ombudsman did not uphold the complaint and ordered no remedy.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 satisfactory quality test, considering the car's age, mileage, and nature as a high-performance vehicle. For a 9-year-old high-performance car with considerable mileage for its type, a reasonable person would expect some wear and tear and maintenance issues. The alternator belt failure was attributed to wear and tear rather than a pre-existing fault. The transmission fault occurred more than 6 months after supply, and the engine management light could not be diagnosed or replicated. Cosmetic issues like the damaged parcel shelf do not constitute unsatisfactory quality for a car of this age.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website