Not upheld: satisfactory quality of vehicle supplied under hire agreement complaint against Hyundai Capital UK Limited trading as Hyundai Finance Contract Hire (HFCH)

Decision detail

Summary

Mrs D complained that a car acquired via hire agreement with HFCH was not of satisfactory quality after it broke down with a burnt out clutch and damaged gearbox nearly three years after supply. The manufacturer's approved garage concluded the faults were caused by driving style rather than manufacturing defect, but Mrs D disputed this without providing independent evidence. The ombudsman found it reasonable to rely on the garage's technical assessment given the car was new at supply and Mrs D had driven it 22,485 miles without prior reported problems, making it unlikely the faults were present at supply. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, noting that after nearly three years of ownership the burden of proof shifted to the consumer. Given the car was new and Mrs D drove 22,485 miles without reporting prior problems, it was unlikely the clutch and gearbox faults were present at supply or developed from reasonable wear and tear. The ombudsman found it reasonable to rely on the manufacturer's approved garage's technical assessment that driving style caused the faults, particularly as no independent evidence contradicted this. The ombudsman applied the balance of probabilities standard and concluded the faults were more likely caused by driving style than manufacturing defect.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website