Not upheld: Goods and services under S75 complaint against MI Vehicle Finance Limited trading as Mann Island

Decision detail

Summary

Mr J purchased a used car through a hire purchase agreement with MIVF in February 2025 for just under £12,000. The car was approximately seven years old with 71,000 miles. Approximately six months and 4,000 miles later, the car developed multiple faults including worn brakes, failed shock absorbers, engine management issues, and a cracked alloy wheel. Mr J requested either full repair with a courtesy car or rejection and refund, but MIVF refused to accept the rejection. The ombudsman did not uphold the complaint, finding that while faults were present, there was insufficient evidence they were present at supply rather than resulting from age and mileage-related wear.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering the age, mileage, and price of the car as relevant factors. The ombudsman found that while faults were evident, there was insufficient evidence that these problems would have materialised after approximately 4,000 miles and six months of driving if they had been present or developing at the point of supply. The vehicle health check provided only a list of faults without detailed analysis of causation or whether the issues were unexpected for a car of that age and mileage. Therefore, the ombudsman was not persuaded the car was of unsatisfactory quality at supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website