Not upheld: unsatisfactory quality of goods / durability complaint against Santander Consumer (UK) Plc

Decision detail

Summary

Miss T purchased a used car (approximately four years old with 16,027 miles) under a conditional sale agreement with Santander in May 2022. In May 2025, the CVT gearbox failed suddenly, rendering the car undrivable with repair costs exceeding £18,000. Miss T complained that Santander, as legal owner, should repair the car or allow her to exit the agreement, citing unsatisfactory quality. An independent engineer confirmed gearbox component failure due to fatigue but did not comment on whether an inherent defect existed at supply. The ombudsman found insufficient evidence the fault was present or developing at point of supply, noting the fault occurred after three years and approximately 60,000 miles of driving, and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which implies goods must be of satisfactory quality. For a used car of this age and mileage, a reasonable person would expect some wear and tear but not significant faults. The fault occurred over three years after supply following approximately 60,000 miles of driving, well above average mileage. While the independent engineer confirmed fatigue failure as the likely cause, they did not comment on whether an inherent defect or durability issue existed at point of supply. The ombudsman found it unlikely Miss T could have driven such significant mileage if the car was of unsatisfactory quality when supplied. The six-month presumption under the CRA did not apply as the fault occurred after three years. The ombudsman concluded the components weakened over time during Miss T's ownership rather than due to an inherent defect.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website