Partially upheld: quality of goods supplied / satisfactory quality under Consumer Rights Act 2015 complaint against Black Horse Limited

Decision detail

Summary

Mrs B purchased a three-year-old caravan through a hire purchase agreement with Black Horse in September 2024. Shortly after purchase, she reported defects with the battery, door lock, and solar panel, which were repaired by the supplying dealership. Approximately one year later, a service inspection revealed 62% damp in the caravan, which Mrs B claimed rendered it worthless and unfit for purpose. Black Horse upheld the initial defects complaint but rejected the damp claim, stating there was no evidence the damp existed at point of supply. The ombudsman partially upheld the complaint, finding insufficient evidence the damp was present at supply and placing the burden of proof on Mrs B. However, the ombudsman required Black Horse to arrange an independent inspection to establish the cause of the damp and provide appropriate remedy if found responsible, and to pay £200 compensation for the initial defects.

The Ombudsman's reasoning

Under the Consumer Rights Act 2015, goods supplied under a hire purchase agreement must be of satisfactory quality. For a used caravan purchased a year prior, the burden of proof lies with Mrs B to demonstrate the damp was present or developing at point of supply. The pre-delivery inspection found no damp, and the damp was only identified approximately one year later. While the damp is acknowledged as a fault, there is insufficient evidence it existed at supply. Black Horse's offer of an independent inspection to establish causation is fair and reasonable. If the inspection identifies a fault present at supply, Black Horse will be responsible for the remedy.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website