Not upheld: faulty goods / satisfactory quality of goods complaint against BMW FINANCIAL SERVICES (GB) LIMITED trading as Alphera Financial Services

Decision detail

Summary

Ms S purchased a second-hand car for £8,950 via hire purchase with Alphera in December 2024. She subsequently experienced issues with the handbrake, brakes, clutch, and engine management light, incurring repair costs and assessment fees. After the warranty company rejected her claim, Alphera offered 25% of repair costs and £100 compensation. The ombudsman did not uphold the complaint, finding that while faults were confirmed, they represented normal wear and tear for a five-year-old vehicle rather than inherent defects present at sale, and that Alphera's offer was fair and reasonable.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, which requires consideration of the car's age, mileage, and price. For a second-hand vehicle, some wear and tear is expected. While faults were confirmed by multiple sources, the ombudsman found these were consistent with wear and tear rather than inherent defects present at the point of sale. The handbrake and brake pads have limited life expectancy requiring maintenance. The engine management light appeared months after purchase, suggesting it was not present at sale. The independent inspector found the clutch satisfactory for the car's age, and the later diagnostic provided insufficient detail to establish a pre-existing fault.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website