Not upheld: Goods and services under S75 complaint against Volvo Car Financial Services UK Limited

Decision detail

Summary

Mr S purchased a brand-new car using a conditional sale agreement with VCFS in January 2024 and reported an intermittent braking noise in March 2024. After a software update partially reduced the noise, Mr S complained to VCFS in March 2025 requesting replacement, claiming the car was not of satisfactory quality. VCFS rejected the complaint, stating the noise was a characteristic of the car. The ombudsman applied the Consumer Rights Act 2015 satisfactory quality standard and, relying on manufacturer evidence from three inspections confirming the noise is a normal operational characteristic of the fuel-saving braking system with no impact on functionality, found the car was supplied in satisfactory quality and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering factors such as the car being brand-new and the reasonable expectation of excellent condition. The key dispute was whether the noise constituted a fault. The ombudsman was persuaded by manufacturer evidence that the noise is a normal operational characteristic of the specific braking system under certain driving conditions, not an inherent fault. Therefore, the car was supplied in satisfactory quality.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website