Not upheld: unsatisfactory quality of goods supplied under hire purchase agreement complaint against BMW FINANCIAL SERVICES (GB) LIMITED (trading as ALPHERA Financial Services)

Decision detail

Summary

Mr A complained that a used car acquired through BMW Financial Services under a hire purchase agreement in December 2024 was not of satisfactory quality. The car, which had 60,000 miles and was four years old, initially had headlight faults that were repaired, but subsequently developed a severe DPF blockage leading to engine failure. An independent engineer's report confirmed the DPF fault likely developed at or around the time of sale but concluded that Mr A's driving the car over 2,000 miles with an illuminated engine management light and failing to service it according to manufacturer's recommendations likely exacerbated the condition. The ombudsman did not uphold the complaint, finding that while faults were present, Mr A's own actions contributed to the catastrophic failure, and therefore BMW was not responsible.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which implies goods must be of satisfactory quality. While the independent engineer confirmed faults were present, the report did not firmly conclude the DPF fault was present or developing at the point of supply—only that it likely developed around that time. Critically, the engineer concluded that Mr A's actions—driving the car over 2,000 miles with an illuminated engine management light and failing to service it according to manufacturer's recommendations—likely exacerbated the condition and caused the catastrophic engine failure. Therefore, BMW could not be held responsible as Mr A's own actions contributed to the fault.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website