Not upheld: faulty goods / unsatisfactory quality of vehicle / rejection of hire purchase complaint against Lendable Ltd

Decision detail

Summary

Mr S purchased a second-hand car for £20,000 through a hire purchase agreement with Lendable in February 2025. Shortly after purchase, an Engine Management Light came on repeatedly, and Mr S had to replace tyres and faced other maintenance issues. Mr S sought to reject the car as faulty, but Lendable only partially upheld his complaint, covering diagnostic and sensor replacement costs plus £75 for distress. The ombudsman applied the Consumer Rights Act 2015 standard for satisfactory quality, considering the car's age (9 years), mileage (86,544 miles), and price. Finding that the issues were consistent with normal wear and tear rather than inherent faults, and that items like tyres and cambelt were not the seller's obligation to replace, the ombudsman did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, which requires consideration of the car's age, mileage, and price. For a second-hand vehicle of 9 years old with over 86,000 miles, a reasonable person would expect significant wear and tear. The issues that arose (EML, tyres, cambelt) were consistent with normal wear and tear rather than inherent faults present at point of supply. The tyres were legal at sale (as shown by MOT), the cambelt is a wear item due for replacement after purchase per manufacturer guidance, and the EML was eventually resolved. The ombudsman concluded the evidence did not establish the car was of unsatisfactory quality at the point of supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website