Not upheld: Goods and services under S75 complaint against Oodle Financial Services Limited trading as Oodle Vehicle Finance

Decision detail

Summary

Mr C purchased a used vehicle (5 years 9 months old, 62,000 miles) under a hire purchase agreement with OCF in September 2021. In January 2025, the vehicle caught fire on a motorway, resulting in total loss. Mr C attributed the fire to a pre-existing EGR cooler defect subject to a 2018 DVSA recall and claimed OCF failed to check recall records. While the ombudsman accepted that a fault caused the fire, it found insufficient evidence that the fault existed at the point of sale rather than developing later through normal wear and tear. Given the vehicle had been driven 50,000 additional miles and passed three MOTs since supply, the ombudsman concluded the complaint was not upheld.

The Ombudsman's reasoning

The ombudsman acknowledged that a fault caused the fire but found the critical issue was whether the fault existed at the point of sale or developed later. While recall evidence showed the vehicle type was known to have EGR-related issues, this general information did not prove this specific vehicle had the defect at sale. The expert evidence (fire service and inspection reports) could not determine the specific cause. Given the vehicle had been driven 50,000 miles over 3.5 years and passed three MOTs since sale, the ombudsman concluded it was more likely the fault developed after sale through normal wear and tear rather than being present at supply. Clear and persuasive vehicle-specific evidence linking the fault to the point of sale was absent.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website