Not upheld: Section 75 Consumer Credit Act claim - alleged breach of contract regarding satisfactory quality of goods complaint against Creation Consumer Finance Limited

Decision detail

Summary

Mr H purchased bedroom furniture using a fixed sum loan from Creation in May 2025. After delivery and fitting in June 2025, he complained that a wardrobe door was bowed and misaligned. The supplier replaced the door twice as goodwill gestures but maintained the bowing was within manufacturing tolerances. Mr H sought a full refund under Section 75 of the Consumer Credit Act, claiming the door was not of satisfactory quality. Creation refused, noting Mr H had initially accepted the second replacement and that the supplier had already provided two replacements. The ombudsman found no clear evidence of breach of contract, as the photos did not definitively show inherent fault and the bowing appeared within expected tolerances. The ombudsman rejected Mr H's discrimination claim, finding no unfair treatment regarding his disability.

The Ombudsman's reasoning

The ombudsman found that the photos provided by Mr H did not clearly demonstrate the doors were inherently faulty, and it was reasonable for Creation to rely on the supplier's expertise that the bowing was within manufacturing tolerances. The ombudsman noted that the contract was only for supply, not fitting, and assembly may have contributed to alignment problems. The supplier's two goodwill replacements, while not an admission of fault, demonstrated reasonable attempts to resolve the issue. Without clear evidence of a breach of contract, no claim for consequential losses could succeed. Regarding the disability discrimination allegation, the ombudsman found no unfair treatment as Creation was not shown to be aware of the disability when requesting evidence, and even if aware, was not obliged to do more to help gather evidence of breach.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website