Not upheld: satisfactory quality of goods / durability complaint against Moneybarn No.1 Limited

Decision detail

Summary

Mr L purchased a seven-year-old used van with 58,000 miles for £9,650 through a conditional sale agreement with Moneybarn in March 2025. After six months and nearly 10,000 additional miles of driving, the van's timing chain failed requiring expensive engine repair. Mr L complained the van was not of satisfactory quality, citing the full service warranty and service history. The ombudsman rejected the complaint, finding that Mr L's ability to drive nearly 10,000 miles without issue made it unlikely the fault was present at supply, and that the timing chain failure more likely resulted from wear and tear related to previous driving patterns and incomplete service history rather than a pre-existing defect.

The Ombudsman's reasoning

The ombudsman applied the legal test for satisfactory quality considering the van's age, mileage, price and durability requirements. The key reasoning was that Mr L drove nearly 10,000 miles over six months without issue, making it unlikely the timing chain fault was present or developing at point of sale. The ombudsman concluded on balance of probabilities that the timing chain failure resulted from wear and tear due to previous driving patterns and incomplete service history rather than a pre-existing defect. The garage quote lacked sufficient technical detail to establish premature failure or presence of fault at supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website