Not upheld: Goods and services under S75 complaint against V12 Retail Finance Limited

Decision detail

Summary

Ms B purchased a bathroom using a V12 fixed sum loan and later claimed a faulty part caused a cistern leak requiring £400 in repairs. She made a section 75 claim against V12 for breach of contract. V12 declined the claim after the supplier stated it could not examine the part due to Ms B's repairs and maintained it was not in breach. The ombudsman found insufficient evidence that the fault was caused by the supplied parts rather than installation or usage factors, and determined V12 acted reasonably in declining the claim.

The Ombudsman's reasoning

The ombudsman found that while there was clearly a problem requiring repair, Ms B failed to provide sufficient evidence that the fault was caused by parts supplied by T rather than other variables such as installation or usage. The ombudsman noted that T's refusal to accept liability and the supplier's need to examine the part before repair were reasonable positions. V12 took reasonable investigative steps and could not fairly be said to have acted unreasonably in declining the claim without clear evidence of causation.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website