Not upheld: satisfactory quality of goods and mileage discrepancy complaint against Moneybarn No.1 Limited

Decision detail

Summary

Mr O purchased a used car via conditional sale agreement with Moneybarn in November 2024 for £19,780. In May 2025, he complained about a diesel particulate filter sensor fault and mileage discrepancy. An independent expert inspection in July 2025 identified a 1,105-mile discrepancy between the instrument cluster and engine control unit, but concluded the faults developed after purchase. The ombudsman found the mileage discrepancy (less than 0.3% of total mileage) insufficient to suggest tampering and found no evidence the car lacked satisfactory quality when supplied. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the satisfactory quality test under consumer rights law, considering the car's age, mileage, and price. The inspection report concluded the faults developed after purchase, not before. The mileage discrepancy of 1,105 miles identified by the independent expert was less than 0.3% when cross-referenced with manufacturer's dealer data (271 km difference), making deliberate tampering unlikely as there would be no material benefit. The car's ability to be driven over 10,000 miles in five months despite the alleged pre-existing diesel particulate filter fault made it implausible that such a fault existed at supply. No evidence demonstrated the car lacked satisfactory quality at the point of supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website