Not upheld: quality of goods / satisfactory quality under Consumer Rights Act 2015 complaint against Startline Motor Finance Limited

Decision detail

Summary

Ms R purchased a used four-year-old car with 68,000 miles through a hire purchase agreement with Startline Motor Finance Limited in December 2024. Shortly after purchase, she experienced engine warning lights and other issues, leading to a timing belt replacement by the dealership in April 2025. Subsequently, Ms R reported further faults and was advised the vehicle was unsafe to drive, leading her to stop using it in June 2025. The ombudsman found that while the timing belt fault made the car of unsatisfactory quality when supplied (and was appropriately remedied), there was insufficient evidence that the current faults were present at supply or linked to the previous repairs. The complaint was not upheld, though the ombudsman noted that if Ms R provides an independent inspection report, Startline should consider it and reimburse the cost if it evidences the faults were present at supply.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality. For a used car of this age and mileage at a price of around £8,000, the reasonable expectation of quality is lower than for lower mileage vehicles. While the timing belt fault made the car of unsatisfactory quality when supplied (and was appropriately remedied), the ombudsman found insufficient evidence that the current faults were present at the time of supply or were linked to the previous repairs. The ombudsman noted that engine warning lights and starting issues can have multiple causes, some related to normal wear and tear for a vehicle of this age and mileage. Without independent verification linking current problems to the original fault or showing they existed at supply, the complaint could not be upheld.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website