Upheld: goods not of satisfactory quality; breach of Consumer Rights Act 2015 complaint against Black Horse Limited
Financial Ombudsman decision DRN-6248839 of 2026-04-23T00:00:00+00:00. goods not of satisfactory quality; breach of Consumer Rights Act 2015 complaint against Black Horse Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-6248839 |
|---|---|
| Decision date | 2026-04-23T00:00:00+00:00 |
| Firm | Black Horse Limited |
| Product | hire purchase agreement |
| Claim type | goods not of satisfactory quality; breach of Consumer Rights Act 2015 |
| Outcome | Upheld |
| Remedy | Black Horse Limited instructed to: (1) End the hire purchase agreement with no liability for Mrs B after collection; (2) Collect the motorhome without charge; (3) Refund deposit of £79,604 (less any dealer contribution); (4) Refund monthly repayments from October 2025 until collection; (5) Reimburse out-of-pocket expenses totalling £4,446.51 (awning £2,626.51, registration plate £80, tracker £795, tracker renewal £150, inspection £200, windscreen cover £320, warranty check £280); (6) Pay £300 for distress and inconvenience; (7) Remove adverse credit file information; (8) Add 8% simple yearly interest to reimbursable amounts from date of payment to date of reimbursement. |
Summary
Mrs B purchased a new motorhome via hire purchase agreement with Black Horse for £84,604 in February 2025. Upon delivery and shortly thereafter, she identified multiple defects including scratched bodywork, damaged interior components, and structural gaps. Two independent inspections confirmed numerous build quality defects were present at point of supply. Black Horse partly upheld the complaint but refused to accept all issues and failed to adequately resolve them despite having significant time to do so. The ombudsman upheld the complaint, finding the motorhome was not of satisfactory quality at supply, the single chance of repair had been exhausted, and Mrs B was entitled to reject the vehicle. Black Horse was ordered to refund the £79,604 deposit, monthly repayments from October 2025, reimburse £4,446.51 in associated costs, pay £300 for distress and inconvenience, and remove adverse credit file information.
The Ombudsman's reasoning
The ombudsman applied the Consumer Rights Act 2015, which requires goods supplied under a consumer credit contract to be of satisfactory quality. For a brand-new motorhome at the price paid (£84,604), a reasonable person would expect it to be in excellent condition with no faults and to provide trouble-free use for a significant period. Two independent inspections conclusively established that the motorhome had numerous defects present at or developing from the point of supply, including scratches, poor finishing, structural gaps, and build quality issues. The single chance of repair was exhausted when the attempted polish repair failed and additional faults emerged. Given the time elapsed and Black Horse's failure to adequately resolve issues, rejection of the motorhome was the fair remedy. Mrs B was entitled to refund of deposit, monthly repayments from October 2025 (when she stopped using it), and reimbursement of all associated costs incurred as a result of the defective supply.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Black Horse Limited, all decisions | 1,451 | 27% |
Source
Read the original decision on the Financial Ombudsman Service website