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

Decision detail

Summary

Mr R purchased furniture for £2,529 funded by a V12 loan, delivered on 11 October 2024. He complained about manufacturing defects on 6 December 2024 and requested rejection of the faulty item. V12 rejected his complaint, supporting the merchant's offer to repair the defects. Mr R brought the complaint to the FOS, arguing he had been denied his 30-day right to reject due to delay in receiving the contract and citing safety concerns. The ombudsman found that the 30-day rejection period runs from delivery, not from when the contract was issued, and that Mr R had exceeded this period. Under consumer law, the merchant's right to repair was the appropriate remedy, and V12 had acted appropriately. The complaint was not upheld.

The Ombudsman's reasoning

Under the Consumer Rights Act 2015, consumers have 30 days from delivery to reject goods that do not conform to the contract. Mr R did not reject the sofa within this 30-day period (delivery was 11 October 2024, complaint was 6 December 2024). After the 30-day period expires, the merchant has the right to repair or replace the goods. The delay in issuing the contract does not affect the 30-day period, which runs from the date of delivery, not the date the agreement was signed. V12 acted appropriately in rejecting the complaint and supporting the merchant's repair offer as the correct remedy under consumer law.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website