Not upheld: unsatisfactory quality of goods supplied under hire purchase agreement complaint against Advantage Finance Limited

Decision detail

Summary

Miss B complained that a used car acquired through a hire purchase agreement with Advantage Finance Limited was of unsatisfactory quality after the timing chain failed in June 2025, approximately eight months after purchase. The car was approximately 9.5 years old with 102,100 miles when supplied. An independent expert inspection concluded the timing chain failure was due to long-term mechanical wear and tear rather than a pre-existing defect, noting that Miss B had driven the car for approximately 7,200 miles without problems before the failure. The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality and found that a reasonable person would expect a used car of that age and mileage to require more maintenance and repairs sooner than a newer vehicle. The ombudsman did not uphold the complaint, finding the car was of satisfactory quality at the point of supply and the failure occurred post-supply due to ongoing mechanical wear.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of 'satisfactory quality', considering the car's age, price, mileage, and durability expectations. A reasonable person would expect a 9.5-year-old car with over 102,100 miles to require more maintenance and repairs sooner than a newer vehicle. The expert evidence indicated the timing chain failure was due to long-term mechanical wear occurring after supply, not a pre-existing defect. The fact that Miss B drove approximately 7,200 miles without problems before the failure suggested the defect developed post-supply. Had a defect existed at supply, the car would likely have failed much sooner.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website