Not upheld: goods not of satisfactory quality; rejection of goods complaint against Volkswagen Financial Services (UK) Limited

Decision detail

Summary

Mr J purchased a used seven-year-old car via hire purchase with VWFS in April 2025. On collection, the wheel nuts were loose and required tightening. Mr J also reported an air-conditioning fault but did not return the car for repair until July 2025, having driven it approximately 3,200 miles including on a race track. The dealership completed repairs and Mr J accepted them. Mr J subsequently requested rejection of the car in late July 2025, but VWFS refused, offering £600 compensation instead. The ombudsman found the car was not of satisfactory quality at supply but upheld VWFS's refusal to allow rejection because Mr J had accepted the repairs and there was no evidence they had failed.

The Ombudsman's reasoning

The ombudsman accepted that the car was not of satisfactory quality at the point of supply, particularly due to the loose wheel nuts. However, the Consumer Rights Act 2015 provides an opportunity to repair goods, which Mr J accepted. Since Mr J accepted the repairs, did not raise concerns with VWFS until after repairs were completed, and there is no evidence the repairs have failed, the car has been brought back into conformity with the contract. The ombudsman was not persuaded that Mr J's subsequent non-collection of the car demonstrated he wanted to reject it, given he had driven it approximately 3,200 miles including on a race track between the initial fault and the repair appointment.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website