Not upheld: satisfactory quality of goods under hire purchase agreement complaint against BMW FINANCIAL SERVICES (GB) LIMITED

Decision detail

Summary

Mr T complained that a used car acquired through BMW Financial Services under a hire purchase agreement in August 2021 was not of satisfactory quality, citing multiple repairs totalling over £35,000 including drivetrain, exhaust, and AdBlue system issues. BMW rejected the complaint, requesting evidence that faults were present at supply, and noting that Mr T had driven the car over 65,000 miles since acquisition. The ombudsman did not uphold the complaint, finding that Mr T failed to provide an independent engineer's report documenting that faults existed at the point of supply, and that the car's durability over 65,000 miles suggested it was of satisfactory quality for a used vehicle of its age and mileage.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering that a reasonable person would expect wear and tear on a used car of this age and mileage. The critical issue was that Mr T failed to provide an independent engineer's report documenting that faults were present or developing at the point of supply. The fact that Mr T successfully drove over 65,000 miles since acquisition suggested the car was suitably durable. Without expert evidence linking current or past problems to defects existing at supply, BMW could not be held responsible.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website