Not upheld: satisfactory quality of goods supplied under hire purchase agreement complaint against Toyota Financial Services (UK) PLC

Decision detail

Summary

Mr S purchased a used car through a hire purchase agreement with Toyota Financial Services in July 2025. The car was approximately 8 years old with 96,000+ miles at purchase. Within six months, Mr S discovered multiple mechanical defects including cracked rubber components and leaking shock absorbers, with estimated repair costs exceeding £4,300. Mr S complained that the car was not of satisfactory quality at the point of supply. An independent engineer's inspection concluded the defects were post-sale wear and tear issues consistent with a vehicle of this age and mileage. The ombudsman did not uphold the complaint, finding the independent engineer's evidence persuasive and concluding that TFS was not responsible for wear and tear issues that developed after supply.

The Ombudsman's reasoning

The ombudsman found the independent engineer's report to be the most persuasive evidence as the engineer was independent, appropriately qualified, and conducted a physical inspection and road test. The engineer concluded that rubber perishing and component deterioration were reasonable to expect on a vehicle of 8 years old with over 100,000 miles, and that these issues were not present at point of supply. The ombudsman noted that Mr S drove significantly more miles than the national average in his short ownership period, making wear and tear the likely cause of the defects. The ombudsman concluded that under the Consumer Rights Act 2015, TFS could only be held responsible if the car was not of satisfactory quality at the point of supply, which the independent evidence did not support.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website