Not upheld: unsatisfactory quality of goods supplied under hire purchase agreement complaint against BMW Financial Services (GB) Limited trading as Alphera Financial Services

Decision detail

Summary

Mr K purchased a five-year-old used car with 60,917 miles under a hire purchase agreement with Alphera Financial Services in December 2023 and complained that it was of unsatisfactory quality due to suspension noises, vibrations, humming, and battery issues. The dealership carried out repairs to address these issues, and Mr K subsequently travelled 25,700 additional miles and passed two MOTs between December 2023 and December 2025. The ombudsman applied the Consumer Rights Act 2015 standard and found that while faults existed, they were likely due to normal wear and tear typical of a used vehicle of that age and mileage. The ombudsman concluded the vehicle was of satisfactory quality at the time of supply and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering the age, mileage, and condition of a used vehicle as relevant circumstances. The ombudsman found that while faults existed requiring repairs, these were likely due to normal wear and tear or maintenance requirements typical of a five-year-old vehicle with above-average mileage. The fact that Mr K successfully travelled 25,700 additional miles and passed two MOTs indicated the vehicle was functioning satisfactorily despite early issues. The ombudsman concluded that repairs carried out by the dealership had addressed the faults, and without evidence of current defined faults or failed repairs, the vehicle met the standard of satisfactory quality for a used vehicle of its age and condition.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website