Not upheld: goods not of satisfactory quality / lack of durability complaint against Stellantis Financial Services UK Limited

Decision detail

Summary

Mrs A purchased a new car under a hire purchase agreement with SFS in November 2020. In September 2024, nearly four years later, she reported catastrophic engine damage caused by a failed wet belt and claimed the car lacked durability. She alleged she was not informed by the dealership in October 2023 that the wet belt was swelling. SFS declined the complaint, attributing the damage to wear and tear. The ombudsman did not uphold the complaint, finding that Mrs A failed to provide the full maintenance and service history despite repeated requests and other available means to obtain it, and that she provided inconsistent mileage information. Without this critical evidence, the ombudsman could not conclude the car was of unsatisfactory quality at the point of supply.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which implies that goods supplied under a hire purchase agreement must be of satisfactory quality at the point of supply. For cars, this includes durability - components must last a reasonable amount of time. Since the complaint was brought nearly four years after supply, the burden was on Mrs A to prove the faults were present or developing at the point of supply. The ombudsman found that Mrs A failed to provide the full maintenance and service history despite repeated requests and other available means to obtain it. Additionally, Mrs A provided inconsistent mileage information compared to MOT records. Without this critical evidence, the ombudsman could not conclude the car lacked durability or was of unsatisfactory quality at supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website