Upheld: breach of Consumer Rights Act 2015 - goods not of satisfactory quality; failure to repair within reasonable time and without significant inconvenience complaint against Black Horse Limited
Financial Ombudsman decision DRN-6292431 of 2026-04-17T00:00:00+00:00. breach of Consumer Rights Act 2015 - goods not of satisfactory quality; failure to repair within reasonable time and without significant inconvenience complaint against Black Horse Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-6292431 |
|---|---|
| Decision date | 2026-04-17T00:00:00+00:00 |
| Firm | Black Horse Limited |
| Product | hire-purchase agreement (motorhome) |
| Claim type | breach of Consumer Rights Act 2015 - goods not of satisfactory quality; failure to repair within reasonable time and without significant inconvenience |
| Outcome | Upheld |
| Remedy | Black Horse Limited must: (1) collect the vehicle at no cost and minimal inconvenience to Mr C; (2) terminate the hire agreement with no further payments due; (3) refund Mr C's advance payment (less any dealer or manufacturer contribution); (4) reimburse 10% of monthly payments between 19 November 2024 and 6 October 2025; (5) refund all repayments between 6 October 2025 and 31 October 2025; (6) reimburse 30% of payments between 1 November 2025 and 14 December 2025; (7) refund all repayments since 14 December 2025; (8) pay 8% simple interest per year on all refunded sums from date of payment until settlement; (9) amend Mr C's credit file to reflect the arrangement; (10) pay £350 for distress and inconvenience. |
Summary
Mr C purchased a brand-new motorhome via hire-purchase agreement with Black Horse in October 2024 for £71,554.37. Within weeks, he reported multiple defects to the supplying dealership, eventually identifying approximately 20 separate faults including water ingress, locking mechanisms, heating, and condensation issues. Repair attempts by the dealership's engineer in February and March 2025 failed to resolve the underlying problems, as confirmed by an independent inspection in May 2025. Black Horse rejected Mr C's complaint, claiming the issues were snagging items covered by warranty. The ombudsman found the vehicle was not of satisfactory quality at point of supply and that Black Horse failed to effect repairs within a reasonable time and without significant inconvenience, as the proposed repair timeline exceeded four months and would have required multiple journeys without a courtesy vehicle. The complaint was upheld, and Mr C was entitled to reject the motorhome and terminate the agreement with no further payments due, plus reimbursement of a proportion of payments made and £350 for distress and inconvenience.
The Ombudsman's reasoning
The ombudsman found that the motorhome was not of satisfactory quality at the point of supply based on: (1) the cumulative effect of multiple defects reported within months of purchase; (2) the presumption under CRA 2015 section 22 that faults occurring within six months were present or developing at point of supply; (3) the low mileage covered when concerns were first raised; (4) the failure of repair attempts to resolve underlying faults. The ombudsman determined that Black Horse failed to effect repairs within a reasonable time and without significant inconvenience to Mr C, as the proposed repair timeline exceeded four months and would have required multiple journeys without a courtesy vehicle. The ombudsman concluded that the conditions of CRA 2015 section 24(5)(a) and/or 24(5)(c) were met, entitling Mr C to reject the goods. The ombudsman rejected Black Horse's argument that Mr C should have attended SD's workshop, finding that the requirement for multiple visits without inconvenience mitigation measures was unreasonable.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Black Horse Limited, all decisions | 1,452 | 27% |
Source
Read the original decision on the Financial Ombudsman Service website