Not upheld: satisfactory quality of goods supplied under hire purchase complaint against Marsh FM LLP
Financial Ombudsman decision DRN-6236193 of 2026-05-27T00:00:00+00:00. satisfactory quality of goods supplied under hire purchase complaint against Marsh FM LLP. Outcome: Not upheld.
Decision detail
| Reference | DRN-6236193 |
|---|---|
| Decision date | 2026-05-27T00:00:00+00:00 |
| Firm | Marsh FM LLP |
| Product | hire purchase agreement |
| Claim type | satisfactory quality of goods supplied under hire purchase |
| Outcome | Not upheld |
| Remedy | None. The complaint was not upheld. |
Summary
Mrs K purchased a used car under a hire purchase agreement with Marsh FM LLP in January 2025 for £7,950. The car was over 8 years old with 61,104 miles and had passed an MOT with no advisories. In May 2025, Mrs K complained about gear slipping and engine cutting out issues. Marsh arranged an independent inspection which found no underlying mechanical faults and attributed the problems to driver unfamiliarity with manual transmissions. The ombudsman found insufficient evidence that the car was not of satisfactory quality at the point of sale and did not uphold the complaint.
The Ombudsman's reasoning
The ombudsman applied the legal standard that a car must be of satisfactory quality at the point of sale, considering factors including age, mileage, and price. The car was 8+ years old, had 61,104 miles, cost £7,950, and had passed an MOT with no advisories immediately before supply. The independent inspection found no underlying mechanical faults and attributed reported issues to driver error. Mrs K failed to provide sufficient evidence of defects existing at the point of sale rather than developing subsequently through use and wear.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Marsh FM LLP, all decisions | 8 | 62% |
Source
Read the original decision on the Financial Ombudsman Service website