Not upheld: Goods and services under S75 complaint against MONEYBARN NO.1 LIMITED (trading as Moneybarn)

Decision detail

Summary

Mr M purchased a used car over ten years old with 112,000 miles through a conditional sale agreement with Moneybarn in January 2025. He subsequently experienced multiple mechanical issues (turbo hose, pipes, injectors, fuel regulator) and spent over £1,000 on repairs at his own garage. He complained to Moneybarn, who rejected his complaint, and subsequently to the FOS. The ombudsman upheld Moneybarn's position, finding that the issues represented normal wear and tear for a vehicle of that age and mileage, with no evidence of faults present or developing at the point of sale, and therefore no liability on Moneybarn to cover repair costs.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act (CRA) standard for satisfactory quality, which considers age as a key factor. For a car over ten years old with 112,000+ miles, the issues experienced (pipes splitting, injectors needing replacement, parts leaking) are consistent with normal wear and tear rather than faults present or developing at the point of sale. Without evidence of pre-existing or developing faults at the time of supply, the issues fall within the normal maintenance obligations of an older vehicle owner.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website