Not upheld: section 75 claim - fairness of remedy for breach of contract in supply and installation of windows and door complaint against Omni Capital Retail Finance Limited

Decision detail

Summary

Mrs S purchased windows and a door for approximately £10,000 using an Omni credit agreement in late 2023. Following poor installation, she raised concerns with Omni in December 2024 about issues including door problems, gaps between frames, and render damage. After failed repair attempts by the original retailer R, Omni arranged an independent inspection by specialist company W and offered to pay for W to complete the identified remedial works. Mrs S requested a 50% price reduction or finance agreement cancellation instead. The ombudsman found that Omni acted fairly in offering the remedial works remedy, that W was independent despite Omni's involvement, and that repeat performance was an appropriate remedy under consumer rights law, rejecting Mrs S's complaint.

The Ombudsman's reasoning

The ombudsman found that section 75 Consumer Credit Act 1974 applied and there was a breach of contract under section 49 Consumer Rights Act 2015 regarding reasonable care and skill in installation. However, the ombudsman determined that Omni's proposed remedy of arranging and paying for specialist company W to complete identified remedial works was fair and proportionate. The ombudsman rejected Mrs S's claims of misrepresentation as unsupported, found W to be independent despite Omni's involvement, and concluded that while delays occurred, they were not primarily caused by unfair or avoidable inaction by Omni. The ombudsman noted that repeat performance through W was an appropriate remedy under the Consumer Rights Act 2015 and that a price reduction was not automatically appropriate in these circumstances.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website