Not upheld: Goods and services under S75 complaint against Specialist Motor Finance Limited (SMFL)

Decision detail

Summary

Miss M purchased a used car via hire purchase agreement with SMFL in April 2024 for £6,039. The car was over eight years old with 69,930 miles. She reported the engine cut out on the drive home and complained to SMFL in July 2025 after a garage identified multiple faults including DPF tampering, exhaust leaks, and worn brake components. SMFL rejected the complaint, and the ombudsman upheld this decision, finding insufficient evidence the faults were present or developing at point of supply. The car's passage of MOT in March 2025 and the 14,958 miles travelled before conclusive fault identification supported the conclusion that issues arose after supply, not before.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, taking into account the car's age and mileage. While faults were confirmed to exist in July 2025, the ombudsman found insufficient evidence they were present or developing at point of supply in April 2024. The car's passage of MOT in March 2025 (which includes visual DPF inspection) suggested the DPF tampering occurred after supply. The 14,958 miles travelled between supply and conclusive identification of faults, combined with the expert's opinion that tampering indicated poor prior repair rather than original defect, led to the conclusion that the car was of satisfactory quality when supplied. Some issues identified were consistent with normal wear and tear for a vehicle of that age and mileage.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website