Not upheld: Goods and services under S75 complaint against Mercedes-Benz Financial Services UK Limited

Decision detail

Summary

Mr T purchased a new car under a PCP agreement in April 2021 for £71,359.74 and subsequently experienced multiple faults including drive motor failures and charging system issues. Although MBFS repaired all identified faults successfully at no cost to Mr T, he complained that the vehicle was of unsatisfactory quality and lacked the durability expected of a new car. The ombudsman found the vehicle was likely of unsatisfactory quality at the point of supply but determined that MBFS had appropriately remedied the issues through successful repairs, thereby satisfying the consumer's rights under the Consumer Rights Act 2015. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that the vehicle was likely of unsatisfactory quality at the point of supply because the component failures (drive motors, charging system, trim) occurred too quickly for a new car and would not reasonably be expected under normal circumstances. However, the ombudsman determined that MBFS satisfied its obligations under the Consumer Rights Act 2015 by successfully repairing all identified faults. The single chance of repair provision was met through the repair process, and since the repairs were successful and Mr T did not refuse them, MBFS had taken appropriate remedial steps to put matters right.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website