Not upheld: irresponsible lending / goods not of satisfactory quality complaint against Black Horse Limited

Decision detail

Summary

Mr C acquired a 5-year-old used car with 49,000 miles via hire purchase with Black Horse Limited in July 2024 for £12,999. In May 2025, after 10 months of ownership, the car developed multiple faults including drop link failure, drive belt issues, crankshaft seal failure, and cylinder head cover cracking. Mr C complained to Black Horse in August 2025, requesting a replacement, repair contribution, or finance reduction, but Black Horse declined. The ombudsman found that since Mr C complained over one year after supply, he bore the burden of proving the faults were present or developing at supply, which he failed to do with the evidence provided. The ombudsman concluded the repairs reflected normal wear and tear on a used vehicle and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which provides a six-month presumption that goods not conforming within that period were non-conforming at supply. Since Mr C complained over one year after supply, the burden shifted to him to prove faults were present or developing at the point of supply. The ombudsman found Mr C's evidence (repair records) did not confirm when faults occurred or their cause. The ombudsman considered the car's age, mileage, and price as factors indicating a reasonable person would expect lower standards than for a newer vehicle, and concluded the required repairs were consistent with wear and tear rather than defects at supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website