Partially upheld: PCP / HP mis-selling complaint against Volvo Car UK Limited
Financial Ombudsman decision DRN-6100991 of 2026-01-28T00:00:00+00:00. PCP / HP mis-selling complaint against Volvo Car UK Limited. Outcome: Partially upheld.
Decision detail
| Reference | DRN-6100991 |
|---|---|
| Decision date | 2026-01-28T00:00:00+00:00 |
| Firm | Volvo Car UK Limited |
| Product | Other regulated product |
| Claim type | PCP / HP mis-selling |
| Outcome | Partially upheld |
| Remedy | Volvo to refund £489 payment and pay £200 compensation for invoicing error. These amounts may be deducted from the amount Mrs M owes for excess mileage and damage charges. Volvo to reissue corrected invoice accounting for these deductions. |
Summary
Mrs M complained about charges applied by Volvo after returning a hired car, including excess mileage charges (14,691 miles over the 18,000-mile allowance at £0.20 per mile) and damage charges of £273. She argued Volvo had a duty to monitor her mileage and offer to increase her allowance, and that the damage charges were unproven. The ombudsman found the hire agreement clearly stated the mileage limit and excess charge, and that Mrs M was best positioned to request an increase if needed. The inspection report clearly showed damage exceeding BVRLA guidelines. However, the ombudsman upheld the complaint regarding Volvo's invoicing error and ordered a £489 refund and £200 compensation, which could be deducted from the amounts owed.
The Ombudsman's reasoning
The ombudsman rejected Mrs M's interpretation that Volvo had a duty to monitor mileage and proactively offer increases. The agreement clearly allowed either party to request changes but did not obligate Volvo to do so. Mrs M was in the best position to know her usage patterns and financial circumstances. The inspection report clearly showed damage exceeding BVRLA guidelines. However, Volvo's invoicing error and the resulting confusion warranted the offered remedy of £489 refund and £200 compensation.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Volvo Car UK Limited, all decisions | 40 | 18% |
| PCP / HP mis-selling, all decisions | 2,654 | 20% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website