Upheld: Goods not of satisfactory quality; breach of durability requirement; unreasonable repair timeframe complaint against BMW FINANCIAL SERVICES (GB) LIMITED, trading as MINI Financial Services
Financial Ombudsman decision DRN-6225909 of 2026-05-28T00:00:00+00:00. Goods not of satisfactory quality; breach of durability requirement; unreasonable repair timeframe complaint against BMW FINANCIAL SERVICES (GB) LIMITED, trading as MINI Financial Services. Outcome: Upheld.
Decision detail
| Reference | DRN-6225909 |
|---|---|
| Decision date | 2026-05-28T00:00:00+00:00 |
| Firm | BMW FINANCIAL SERVICES (GB) LIMITED, trading as MINI Financial Services |
| Product | Personal Contract Plan (PCP) credit agreement |
| Claim type | Goods not of satisfactory quality; breach of durability requirement; unreasonable repair timeframe |
| Outcome | Upheld |
| Remedy | End the credit agreement with nothing further to pay; remove adverse credit file information; collect the car at no cost to Mrs B; refund the advance payment (deposit); pay 8% simple interest on refunded amounts from date of payment to settlement; pay £400 compensation for distress and inconvenience. |
Summary
Mrs B purchased a brand-new car through a PCP credit agreement with BMW Financial Services in January 2024 for £30,830. In July 2025, the car experienced two breakdowns related to battery voltage issues, part of a wider recall affecting over 12,000 vehicles. The car remained at the dealership for approximately six months awaiting replacement parts, leaving Mrs B without use of the vehicle despite continuing to pay for it. BMW refused to accept rejection citing the six-month rule under the Consumer Rights Act 2015. The ombudsman upheld the complaint, finding the car lacked durability and that repairs were not completed in a reasonable timeframe without significant inconvenience, and directed BMW to accept rejection, refund the deposit with interest, and pay £400 compensation.
The Ombudsman's reasoning
The ombudsman found that a brand-new car should be durable and that a reasonable person would not expect the faults experienced to arise so soon after purchase. The Consumer Rights Act 2015 requires repairs to be completed in a reasonable timeframe without significant inconvenience to the consumer. Mrs B was significantly inconvenienced by being without her car for six months and paying for a vehicle she could not use. The car failed to meet the satisfactory quality standard due to lack of durability, constituting a breach of contract by BMW.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| BMW FINANCIAL SERVICES (GB) LIMITED, trading as MINI Financial Services, all decisions | 1 | 100% |
Source
Read the original decision on the Financial Ombudsman Service website