Not upheld: goods quality and fitness for purpose under Consumer Rights Act 2015 complaint against BMW Financial Services (GB) Limited

Decision detail

Summary

Mr I purchased a new electric car via hire purchase with BMWFS in October 2024. In August 2025, the car sustained major electrical damage from a power surge at a faulty EV charging point, with repair costs of approximately £9,300. Mr I complained to BMWFS that the car was no longer fit for purpose and should have had safety mechanisms to prevent such damage. BMWFS declined the complaint, and the ombudsman upheld their position, finding the car was of satisfactory quality at supply and the damage resulted from third-party faulty equipment, not a manufacturing defect.

The Ombudsman's reasoning

Under the Consumer Rights Act 2015, goods supplied under hire purchase must be of satisfactory quality at the point of supply. While there is a presumption that goods not conforming within six months were defective at supply, Mr I reported the fault at 10 months, placing the burden on him to prove the defect existed at supply. The evidence shows the car performed satisfactorily for 10 months and 17,200 miles with no issues. The damage was caused by third-party faulty equipment (the charging point), not a manufacturing defect. BMWFS cannot be held responsible for faults caused by external third-party intervention after supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website