Not upheld: Goods and services under S75 complaint against Mallard Leasing Limited trading as Mallard Finance

Decision detail

Summary

Miss P purchased a used vehicle through a hire purchase agreement with Mallard Finance in April 2024 for £5,994. The vehicle was 4 years 5 months old with 147,200 miles. Within weeks, the engine management light came on and the dealer made repairs to the emissions system. In September 2025, after 17 months and 23,500 additional miles, the engine failed due to a stretched cam chain and broken guide. Miss P complained that the vehicle was of unsatisfactory quality, but the ombudsman found no evidence linking the early emissions repairs to the later engine failure. The independent engineer concluded the damage was consistent with wear and tear in a high-mileage vehicle, and the complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering the vehicle's age, mileage, and price. While a fault was confirmed, the ombudsman found no persuasive evidence linking the early emissions system repairs to the later internal engine failure. The independent engineer's conclusion that the damage was consistent with wear and tear in a high-mileage vehicle, combined with the 17-month gap and 23,500 additional miles between the last repair and failure, rebutted the presumption that faults arising within six months were present at supply. The vehicle's MOT pass with no advisories further supported that the failure resulted from normal wear rather than a pre-existing defect.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website