Not upheld: unsatisfactory quality of goods / right to reject under Consumer Rights Act 2015 complaint against Volvo Car Financial Services Limited

Decision detail

Summary

Mr D purchased a new car through a conditional sale agreement with Volvo for approximately £75,000 in November 2024. The car developed a serious fault in late November that prevented it from being driven, and this fault reoccurred multiple times despite repair attempts. The dealership eventually replaced the wiring loom and connectors due to corrosion and water ingress. Mr D requested to reject the car citing concerns about the repairs being substandard and potential damage to the hybrid drive module. The ombudsman found the car was of unsatisfactory quality when supplied but determined that repairs have successfully returned it to satisfactory condition, with no current evidence of ongoing faults, and therefore rejected Mr D's request to reject the vehicle.

The Ombudsman's reasoning

The ombudsman found that while the car was of unsatisfactory quality when supplied (a brand new £75,000 vehicle should be fault-free for a considerable period), the repairs have successfully returned it to satisfactory condition. Although there is uncertainty about long-term durability and potential damage to the hybrid drive module, there is currently no evidence of an ongoing fault. The car performs as expected and rejection can only occur if repairs fail, not based on hypothetical future failures. Therefore, a remedy under the Consumer Rights Act 2015 has been achieved.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website