Not upheld: Goods and services under S75 complaint against Mercedes-Benz Financial Services UK Limited (trading as Mercedes-Benz Finance)

Decision detail

Summary

Ms C purchased a used car via hire purchase with MBF in September 2024. The car had MOT advisories regarding brake pad and disc wear. Ms C asked the dealership if these issues had been corrected and received a response stating 'All work has been done' with a checklist showing brake pads at 5mm. After 6,000 miles and 10 months, the brake pads required replacement. Ms C complained to MBF alleging misrepresentation and unsatisfactory quality. The ombudsman found the dealership's response was ambiguous and not a false statement of fact, and that brake pad and tyre wear constituted reasonable wear and tear on a second-hand vehicle, therefore not upholding the complaint.

The Ombudsman's reasoning

The ombudsman found that 'All work has been done' was ambiguous and could mean either replacement or checking of components, not necessarily replacement. Ms C asked if brakes were 'okay' rather than if they had been replaced. The brake pad failure after 6,000 miles could indicate abnormal wear, but multiple factors affect brake wear including driving style, road conditions, and vehicle load. Brake pads and tyres are considered wear and tear items. For a second-hand car of this age and mileage, reasonable wear and tear is expected. The ombudsman was not persuaded a false statement of fact was made, and even if it were, there was no evidence it induced the purchase.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website