Not upheld: quality of goods - unsatisfactory quality claim complaint against ADVANTAGE FINANCE LIMITED

Decision detail

Summary

Mr A complained to Advantage Finance Limited about the quality of a used car supplied under a hire purchase agreement in December 2019. The car was approximately 8.5 years old with 61,000 miles at supply and priced at £8,294. Mr A reported various issues including a noise in 2020, clutch and flywheel replacement in 2022, and head gasket and gearbox problems in 2023, claiming over £3,000 in repair costs. The ombudsman applied the Consumer Rights Act 2015 standard and found that given the car's age, mileage, and price, a reasonable person would expect it to have suffered notable wear and tear. The ombudsman noted that Mr A was able to drive the car for over 50,000 additional miles and found no evidence of continuous unresolved complaints, concluding that any issues were consistent with expected wear and tear rather than unsatisfactory quality. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard that goods must be of satisfactory quality as a reasonable person would consider them, taking into account the age, mileage, price, and condition of the vehicle. Given that the car was 8.5 years old with 61,000 miles at supply and priced at £8,294 (notably less than newer models), a reasonable person would expect it to have suffered notable wear and tear and require more maintenance. The ombudsman found that Mr A was able to use the car for over 50,000 additional miles, suggesting early issues were either wear and tear or had been repaired. Major component failures at over 10-12 years old and 100,000+ miles are reasonably expected wear and tear. Without expert evidence to the contrary, the ombudsman could not fairly conclude the car was of unsatisfactory quality.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website