Not upheld: satisfactory quality of goods supplied under hire purchase agreement complaint against MotoNovo Finance Limited

Decision detail

Summary

Mrs B purchased a used car via hire purchase agreement with MotoNovo in July 2023 for £38,500. The car was over three years old with 53,000 miles. Beginning in February 2024, Mrs B experienced engine issues including DPF cleaning requirements, and later significant component failures (timing belt, manifold, head gasket) in September 2024 and engine failure in August 2025. Mrs B complained that the car was not of satisfactory quality at supply. The ombudsman rejected the complaint, finding that while the car developed faults, the significant faults occurred over one year after supply and after approximately 27,850 additional miles of driving, indicating they were not present or developing at the point of supply and therefore the car met the satisfactory quality standard for a used vehicle.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering the car's age, price, mileage, and used condition. While acknowledging the car developed faults, the ombudsman found that the significant faults (timing belt, manifold, head gasket replacement) occurred over one year after supply and after the car had travelled approximately 27,850 additional miles. The ombudsman reasoned that had these faults been present or developing at supply, they would have manifested much sooner. The DPF cleaning was characterized as normal maintenance rather than a fault. The inspection report provided no evidence linking current faults to the point of supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website