Not upheld: quality of goods supplied under hire purchase agreement complaint against CA AUTO FINANCE UK LTD

Decision detail

Summary

Mr G purchased a four-year-old used car via hire purchase from CA AUTO FINANCE UK LTD in September 2024 and reported multiple faults within 30 days, including tyre pressure monitoring system failure, battery range issues, door problems, and suspension concerns. A manufacturer dealership confirmed that incorrect tyre pressure sensors had been fitted and replaced them, but found no evidence of other reported faults. CA offered to reimburse approximately £600 for the sensor replacement costs, but Mr G rejected this and sought ombudsman review, requesting rejection of the car. The ombudsman upheld CA's position, finding that the tyre pressure sensor issue was fairly addressed through reimbursement, and that the other reported issues lacked persuasive evidence or constituted normal wear and tear for a used vehicle, with no breach of the Consumer Rights Act 2015 satisfactory quality requirement.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality when supplied. For a four-year-old used car with 27,000 miles, satisfactory quality is assessed considering age, mileage, history, and durability. The ombudsman found that while wrong tyre pressure sensors were fitted (for which CA fairly offered reimbursement), the other reported issues lacked persuasive evidence or fell within normal wear and tear for a used vehicle. The door issue invoice provided no credible evidence of a fault, the suspension arm replacement invoice lacked detail and was from an unregistered garage, and battery range concerns were attributed to user settings. Critically, Mr G did not raise the complaint with CA until nine months after supply, losing the short-term right to reject under the CRA.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website