Not upheld: satisfactory quality of goods under conditional sale agreement complaint against Moneybarn No.1 Limited

Decision detail

Summary

Mr S purchased a six-year-old used car with 87,000 miles through a conditional sale agreement with Moneybarn for approximately £9,000 in August 2024. He experienced problems including DPF issues, timing belt failure, and brake/tyre wear, and complained that the car was of unsatisfactory quality. The ombudsman considered each fault separately under the Consumer Rights Act 2015, finding that for a used vehicle of this age, mileage, and price, the identified issues represented normal wear and tear rather than defects present at the time of supply. The complaint was not upheld, and no additional remedy was ordered beyond what Moneybarn had already provided.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which requires goods to be of satisfactory quality. For a used car of this age and mileage at a lower price point, a reasonable person would expect lower quality standards than a new or lower-mileage vehicle. The DPF cleaning is routine maintenance for diesel cars. The timing belt failure at 95,893 miles is consistent with normal wear (60,000-100,000 mile lifespan). The brakes and tyres were in advanced wear at the time of sale as shown in the MOT history, which Mr S could have reviewed. After travelling 4,000 miles, requiring brake and tyre replacement was reasonable given the car's history and condition at sale. None of these issues constituted unsatisfactory quality at the point of supply.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website