Not upheld: damage charges and fair wear and tear assessment complaint against Marsh Finance & Commercial Limited

Decision detail

Summary

Mrs D complained about charges of £2,982.76 that Marsh Finance & Commercial Limited sought to recover after she returned a hired car in October 2025. The car, nine years old with 62,000 miles, was found to have damage beyond fair wear and tear including wheels with excessive scuffing and corrosion and a wing with extensive scratching. The ombudsman applied BVRLA fair wear and tear guidance realistically, accounting for the vehicle's age and mileage, and found the damage identified justified the charges. Although sympathetic to Mrs D's financial difficulties, the ombudsman did not uphold the complaint but recommended Marsh show forbearance in arranging repayment.

The Ombudsman's reasoning

The ombudsman agreed with the investigator that the damage shown in inspection photographs was beyond fair wear and tear guidance. While the agreement's provisions on refurbishment charges were not drafted with complete clarity, the agreement did place responsibility on Mrs D for damage beyond fair wear and tear. The ombudsman applied the BVRLA guidance realistically and proportionately, accounting for the car's age and mileage. The identified damage—wheels with scuffing far exceeding 50mm limits and extensive corrosion, plus wing scratching beyond acceptable limits—justified the charges. The repair costs were not shown to be disproportionate. Although sympathetic to Mrs D's financial difficulties, the ombudsman did not consider it fair to waive charges on that basis but expected Marsh to show forbearance in arranging repayment.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website