Partially upheld: quality of goods - alleged faulty stop/start function; complaint handling complaint against Volkswagen Financial Services (UK) Limited trading as Seat Financial Services

Decision detail

Summary

Mr S purchased a new car through a hire purchase agreement with Volkswagen Financial Services and complained that the stop/start function was not working correctly. SFS rejected the complaint, attributing the issues to Mr S's driving style. An independent inspection report and multiple dealership examinations found the stop/start system operated normally within manufacturer specifications. The ombudsman found no evidence the car was faulty and therefore not of unsatisfactory quality, but upheld the complaint in part because SFS could have investigated more thoroughly, awarding £100 compensation for the poor handling of the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality. The ombudsman found that the independent third-party report conclusively demonstrated the stop/start system operated normally within manufacturer parameters, and the dealership could not replicate any faults despite multiple inspections. While Mr S provided video evidence and detailed descriptions, the ombudsman determined this did not conclusively prove the feature was faulty, as the system can activate and deactivate for various reasons. The ombudsman upheld the complaint only regarding SFS's handling of the investigation, awarding modest compensation for the delay and lack of thoroughness.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website