Upheld: unfair charges for allegedly missing items complaint against Mercedes-Benz Financial Services UK Limited

Decision detail

Summary

Mrs S complained about charges MBFS levied for missing items (compressor, tyre sealant, and fast charging cable) when she returned a hire-purchased car in June 2025. MBFS relied on system records and dealership assertions that the items were part of the standard specification, but failed to provide contemporaneous evidence such as signed handover checklists or pre-delivery inspection documentation. The ombudsman upheld the complaint, finding that for portable accessories, such contemporaneous evidence is reasonably expected and MBFS's failure to produce available documentation warranted an adverse inference. MBFS was ordered to remove or refund the disputed charges.

The Ombudsman's reasoning

The ombudsman applied the balance of probabilities standard and found that MBFS failed to demonstrate that the disputed items were supplied to Mrs S at the point of delivery. While MBFS relied on system records and dealership assertions, the ombudsman reasoned that for portable accessories, contemporaneous evidence such as signed handover checklists or PDI documentation is reasonably expected. The ombudsman drew an adverse inference from MBFS's failure to provide available documentation despite being asked, particularly given that such records would reasonably be held by MBFS or the supplying dealership rather than by Mrs S.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website