Not upheld: goods not of satisfactory quality; failed repair remedy complaint against Admiral Financial Services Limited

Decision detail

Summary

Mr C purchased a used car on hire purchase from Admiral Financial Services in October 2024 for £15,470 with 79,900 miles. The car exhibited vibration, 'crabbing', and warning lights that Mr C had been told would be fixed during pre-delivery inspection. After the selling dealer's repairs failed to resolve the issues, Mr C obtained an independent inspection and paid approximately £1,800 for repairs to wheel bearings and suspension components. However, Mr C did not notify Admiral of the problems until January 2025, after repairs were already completed. The ombudsman found the car was not of satisfactory quality when supplied but rejected the claim for repair costs due to insufficient evidence linking the repairs to initial defects and Admiral's deprivation of the opportunity to inspect or remedy the car itself. Admiral's existing offer of £250 for distress and inconvenience was upheld as fair.

The Ombudsman's reasoning

While the ombudsman accepted that the car was not of satisfactory quality when supplied (evidenced by warning lights and vibration issues), the critical issue was that Mr C did not notify Admiral of the problems until January 2025, after he had already paid for repairs by a third party. This deprived Admiral of the opportunity to inspect the car with faults present, arrange its own repairs, or pursue other remedies under the Consumer Rights Act. The independent mechanic's report, while paid by Mr C, was not sufficiently detailed to establish whether repairs had failed, parts had failed prematurely, or whether the faults were commensurate with the car's age, price, and mileage. The ombudsman found insufficient evidence to link the repairs Mr C paid for with the initial defects or failed repairs.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website