Not upheld: quality of goods / satisfactory quality under Consumer Rights Act 2015 complaint against Black Horse Limited

Decision detail

Summary

Mr C purchased a nearly-new motorbike on hire purchase from Black Horse in May 2022 for approximately £4,500. In February 2023, he complained of battery failure, key fob failure, and control issues; Black Horse arranged warranty repairs at no cost and offered £200 compensation, which Mr C did not refer to the Financial Ombudsman. In October 2024, Mr C complained again about battery issues approximately 20 months later and nearly 2.5 years after supply. Black Horse declined to uphold the second complaint, and the ombudsman upheld Black Horse's position, finding insufficient evidence that the motorbike was inherently faulty when supplied or that previous repairs had failed, placing the burden of proof on Mr C to demonstrate the faults were not due to wear and tear or damage during his possession.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality. The ombudsman noted that while Black Horse had accepted the motorbike was not of satisfactory quality in the first complaint and arranged repairs, the second complaint arose approximately 20 months later and nearly 2.5 years after supply. The ombudsman found that Mr C bore the onus of demonstrating the motorbike was inherently faulty, but had not provided sufficient evidence to establish this. The videos provided did not demonstrate the cause of the problems. The issues could have resulted from wear and tear, damage during Mr C's possession, or failed repairs, but without detailed supporting evidence, the ombudsman could not determine the cause. The ombudsman acknowledged Mr C's financial constraints but stated this did not require Black Horse to provide evidence on his behalf.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website