Not upheld: alleged supply of defective goods under hire purchase agreement complaint against Toyota Financial Services (UK) PLC

Decision detail

Summary

Mr L complained to FOS about a brand-new car supplied via hire purchase agreement with TFS, claiming he received a different model than ordered and experienced multiple issues with software, driving aids, and the hybrid system. TFS rejected the complaint, maintaining the car was fault-free. The ombudsman found no evidence of actual faults because no job sheets, diagnostics, or qualified technician reports were provided to confirm defects. The ombudsman also noted that Mr L had agreed to proceed with the supplied car and continued using it. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods supplied under a consumer credit contract to be of satisfactory quality. While a brand-new car should be in excellent condition with no faults, the ombudsman found no evidence of an actual fault because no job sheets, diagnostics, or qualified technician confirmation was provided. Additionally, Mr L had accepted the car despite it differing from his initial enquiry, and continued to use it.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website