Not upheld: goods not of satisfactory quality under Consumer Rights Act 2015 complaint against FCE Bank Plc trading as Ford Credit

Decision detail

Summary

Mr B purchased a one-year-old car via hire purchase with Ford Credit in May 2023. Over the following two years, the car was subject to multiple manufacturer recalls, and Mr B later complained about low power and infotainment system issues. Ford Credit declined the complaint, offering only £200 for inconvenience. The ombudsman upheld Ford Credit's position, finding that manufacturer recalls do not constitute proof of actual faults in an individual vehicle, and Mr B provided no expert evidence or specific proof of defects in his car. Without such evidence, the ombudsman could not find the car was of unsatisfactory quality under the Consumer Rights Act 2015.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality when supplied. A manufacturer recall addresses potential issues in a model, not actual faults in every individual car. To establish unsatisfactory quality, Mr B needed to provide evidence of specific faults in his own car or proof of lack of durability. Since the complaints about low power and infotainment issues were raised over two years after supply, Mr B bore the burden of proving these issues existed at the point of supply or that the car lacked durability. Without expert testimony or specific evidence of defects in his vehicle, the ombudsman could not find the car was of unsatisfactory quality.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website