Not upheld: quality of goods - used car supplied under hire purchase agreement complaint against Bank of Scotland plc trading as Halifax

Decision detail

Summary

Mr S purchased a used 2017 car through a hire purchase agreement with Halifax for £11,200 in February 2025. He subsequently complained about paintwork damage (mismatched paint, rust spots, and bubbling) and an infotainment system malfunction. The dealership offered £200 towards repairs, which Mr S initially accepted but later rejected after obtaining repair quotes ranging from £600-£2,000 for bodywork. The ombudsman applied the Consumer Rights Act 2015 and found that, given the car's age (8 years), mileage (38,200 miles), and purchase price, the identified faults represented reasonable wear and tear rather than a breach of the satisfactory quality requirement. The complaint was not upheld, and no remedy was ordered.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality as judged by what a reasonable person would consider satisfactory, taking into account the description, price, and relevant circumstances. For a used car of 8 years old with 38,200 miles, a reasonable person would expect some wear and tear to the bodywork and potential age-related issues with components like the infotainment system. The faults identified were not so significant as to render the car unsatisfactory in quality at the point of sale. The ombudsman found no evidence that the garage deliberately hid the faults, and Mr S had an opportunity to inspect the car before purchase. The dealership had already discounted the price and contributed £250 towards warranty and repairs.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website