Not upheld: Service failures generally complaint against FCE Bank Plc trading as Ford Credit

Decision detail

Summary

Mrs N complained about a £320 charge levied by FCE Bank for missing service history when she returned a car under a hire purchase agreement. She claimed the car had been serviced at an independent garage but the paperwork was left in the car and lost. The ombudsman reviewed the BVRLA Fair Wear & Tear Standard and FCE Bank's contractual terms, which require documented evidence of servicing. Finding that Mrs N had not provided sufficient evidence to demonstrate compliance with the servicing requirements, the ombudsman did not uphold the complaint, as service history materially affects vehicle resale value and the contractual charge provision was reasonable.

The Ombudsman's reasoning

The ombudsman applied the BVRLA Fair Wear & Tear Standard and FCE Bank's contractual terms, which require documented evidence of servicing (service book stamps or electronic records with invoices). While acknowledging Mrs N's claim that servicing was performed, the ombudsman found she had not provided sufficient evidence to demonstrate the car was serviced according to the agreement terms. The loss of paperwork and inability to identify the garage meant the requirement for proper documentation could not be met. The ombudsman noted that service history materially affects resale value, justifying the charge provision.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website