Not upheld: Goods and services under S75 complaint against Blue Motor Finance Ltd

Decision detail

Summary

Mr C purchased a used car (6 years 9 months old, 54,515 miles) under a hire purchase agreement with Blue Motor Finance Ltd in April 2025. He experienced an air conditioning fault and subsequently a loss of power incident on the motorway in September 2025 after having repairs carried out at an independent repairer. Mr C complained to BMF seeking to reject the vehicle, but BMF instructed an independent inspection which found no faults. The ombudsman found that while an air conditioning fault existed, the vehicle was of satisfactory quality at the time of supply given its age and mileage. The loss of power was attributed to a loose turbocharger clip from the September repair work, not an inherent defect. Since Mr C had accepted repairs, he was not entitled to reject the vehicle retrospectively, and the complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality, fit for purpose, and as described. For a used car of this age and mileage, it is reasonable to expect some wear and tear and potential need for repairs. While an air conditioning fault was confirmed, the critical issue was whether the vehicle was of unsatisfactory quality at the time of supply. The loss of power incident was attributed to a loose turbocharger intake clip that became displaced during the 13 September 2025 repair work, not an inherent defect. The timing (3 days and 61 miles after the repair) and the fact that the clip had apparently remained secure for 5 months and 8,955 miles since April made it more probable the clip was loosened during the recent repair. Since Mr C had accepted repairs to the vehicle, he lost the right to reject it retrospectively. The vehicle showed no faults at the time of inspection.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website