Not upheld: Goods and services under S75 complaint against BLUE MOTOR FINANCE LIMITED

Decision detail

Summary

Mrs K purchased a used car through a hire purchase agreement with BMF for £8,991 (eight years old, 72,168 miles). Two weeks after supply, the car broke down with a drained battery and chassis control fault message. BMF arranged an independent inspection which found no underlying faults. Mrs K sought to reject the car under the Consumer Rights Act 2015, but BMF refused. The ombudsman found that the drained battery and warning message did not demonstrate unsatisfactory quality, particularly given the car's age and mileage, and that subsequent repairs were normal maintenance rather than evidence of defects at supply. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering the car's age (eight years), mileage (72,168 miles), and price (£8,991) as relevant circumstances. The key evidence was the independent engineer's report which found no underlying faults despite the drained battery and warning message. The ombudsman reasoned that a drained battery and associated warning message do not, on their own, demonstrate unsatisfactory quality, particularly for a car of this age and mileage where wear and tear and maintenance are expected. The subsequent repairs (tyre, cambelt, fanbelt, water pump, anti-freeze) were considered normal maintenance for a car of this age and mileage, not evidence of unsatisfactory quality at the point of supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website