Not upheld: unsatisfactory quality of goods and short-term right to reject complaint against BLUE MOTOR FINANCE LIMITED

Decision detail

Summary

Mr F purchased a used 11-year-old car with over 72,000 miles through a hire purchase agreement with BLUE MOTOR FINANCE LIMITED in July 2025. Within 30 days, he reported multiple faults including a slipping clutch, loose gear stick, corrosion, failed key fobs, and reverse noise, and exercised his short-term right to reject. BMFL required an independent inspection, which found no mechanical defects and only surface corrosion consistent with the vehicle's age and mileage. The ombudsman upheld BMFL's position, finding the independent engineer's qualified assessment more credible than Mr F's claims, and therefore did not uphold the complaint for unsatisfactory quality or the right to reject.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, which requires goods to meet the standard a reasonable person would consider satisfactory taking into account description, price, and relevant circumstances. The independent engineer's detailed physical inspection and road test provided objective evidence that contradicted Mr F's claims of faults. The engineer found the car to be in average cosmetic condition for its age and mileage, with only surface corrosion and no mechanical defects. The clutch operated smoothly, gears selected smoothly, and no abnormal noise was detected during reverse manoeuvres. The ombudsman found the independent engineer's qualified assessment more persuasive than the local garage's uninvestigated list of issues. Without evidence of actual faults at the point of supply, the short-term right to reject could not be exercised.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website