Not upheld: Goods and services under S75 complaint against Go Car Credit Limited

Decision detail

Summary

Mr R purchased a nine-year-old used car with 82,647 miles under a hire purchase agreement with Go Car Credit Limited for approximately £5,500 cash price. Within three months of supply, multiple faults were identified including brake wear, suspension issues, and driveshaft damage, costing Mr R over £1,800 in repairs. Mr R complained that the car was not of satisfactory quality at the time of supply, but GCC rejected his complaint attributing the issues to normal wear and tear. The ombudsman found that although faults were identified within the six-month presumption period under the Consumer Rights Act 2015, the evidence rebutted this presumption: the car had passed an MOT without advisories four days before supply, the issues progressively worsened over Mr R's subsequent 6,778 miles of driving, and the components involved were typical wear items for a car of that age and mileage. Accordingly, the complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 standard of satisfactory quality, considering the car's age, mileage, and price as relevant circumstances. While the CRA presumes faults arising within six months were present or developing at supply, this presumption can be rebutted by wider evidence. The ombudsman found the MOT passed without advisories just four days before supply, the progression of issues over Mr R's subsequent 6,778 miles of driving, and the nature of the components involved (consumable and wear-prone items) all indicated the faults developed through ordinary use rather than being present at supply. The ombudsman concluded a reasonable person purchasing a nine-year-old car with 82,647 miles would expect some wear and deterioration, and the identified issues were consistent with normal wear and tear rather than premature failure.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website