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

Decision detail

Summary

Mrs S purchased a used car (approximately three years old, 22,931 miles) through a hire purchase agreement with Mann Island in August 2023. In January 2025, approximately 17 months later, the car developed an electrical fault requiring £1,919.95 in repairs to the headlight wiring loom. Mrs S claimed the wiring showed evidence of poor prior repairs and sought reimbursement from Mann Island. The ombudsman applied the Consumer Rights Act 2015 satisfactory quality standard and found that the substantial time delay before fault presentation, combined with Mrs S driving over 15,000 miles without incident, made it implausible the defect existed at supply. Without mechanical evidence linking the fault to pre-supply conditions, the ombudsman did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 which implies goods must be of satisfactory quality. For a used car of three years old with 22,931 miles, a reasonable person would expect some wear and tear but not significant faults. The fault occurred 17 months after supply, outside the six-month presumption period under the CRA. The ombudsman found the timeline implausible for a pre-supply defect, as Mrs S drove over 15,000 miles before the fault presented. While photos suggested possible prior repairs, the ombudsman found this insufficient without mechanical evidence, and noted the safety report made no mention of prior repairs. The absence of earlier fault presentation despite substantial use suggested the car was fit for purpose when supplied.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website