Veste

Upheld: goods not of satisfactory quality; breach of durability requirement complaint against Black Horse Limited

Financial Ombudsman decision DRN-6237636 of 2026-06-15T00:00:00+00:00. goods not of satisfactory quality; breach of durability requirement complaint against Black Horse Limited. Outcome: Upheld.

Decision detail

ReferenceDRN-6237636
Decision date2026-06-15T00:00:00+00:00
FirmBlack Horse Limited
ProductMotor finance (PCP / HP)
Claim typegoods not of satisfactory quality; breach of durability requirement
OutcomeUpheld
RemedyRefund of diagnostic test cost (£168), timing belt replacement cost (£683.74), and oil flush cost (£304.80), plus 8% simple interest from date of payment to settlement. Payment of original offer of £226.46 (if not already paid). Payment of £250 compensation for distress caused by being supplied with unsatisfactory quality car.

Summary

Mr L purchased a used car via hire purchase with BHL in November 2024. Within five months, the car required multiple repairs including driveshaft replacement and exhibited excessive oil consumption concerns. In August 2025, the timing belt was found to be cracked and swollen. BHL initially upheld part of the complaint but rejected concerns about oil consumption and timing belt durability. The ombudsman upheld the complaint, finding the car was not of satisfactory quality when supplied and lacked expected durability. BHL was directed to reimburse repair costs totalling £1,156.54 plus interest, pay the original offer of £226.46, and provide £250 compensation for distress.

The Ombudsman's reasoning

Under the Consumer Rights Act 2015, goods supplied under hire purchase must be of satisfactory quality and durable. The car had significant defects within five months of supply (driveshaft failure, excessive oil consumption, turbo noise), triggering the presumption under CRA that goods did not conform at point of supply unless the supplier proves otherwise. BHL failed to adequately investigate the connection between oil consumption and turbo concerns in April 2025, which likely contributed to timing belt degradation. The multiple repairs required within five months demonstrate the car lacked the durability expected for a reasonable person given its age, mileage, and price.

How this compares

GroupDecisionsUphold rate
Black Horse Limited, all decisions1,45227%
Motor finance (PCP / HP), all decisions18,52138%

Source

Read the original decision on the Financial Ombudsman Service website