Not upheld: quality of goods supplied / vehicle defect claim complaint against BMW FINANCIAL SERVICES (GB) LIMITED

Decision detail

Summary

Ms B purchased a used car through a hire purchase agreement with BMWFS in February 2025 for £36,791 and reported multiple faults, particularly with the boot mechanism, immediately after purchase. Although the dealership attempted repairs on multiple occasions, they could not replicate the reported faults during testing, and Ms B did not arrange an independent inspection. The ombudsman found no confirmed fault existed based on the dealership's expert investigation and lack of expert evidence from Ms B, and concluded the vehicle was of satisfactory quality when supplied. BMWFS's original offer of £429.98 in compensation was deemed reasonable, 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. For a used car priced at £36,791 with 9,803 miles and 15 months old, a reasonable person would expect it to be free from major issues for a reasonable period. However, the ombudsman found no confirmed fault existed because: (1) the dealership could not replicate the reported faults despite extensive testing; (2) Ms B provided no expert evidence supporting the existence of a fault; (3) Ms B did not arrange an independent inspection despite the dealership's inability to replicate issues; (4) remedial works were undertaken as a precautionary measure, not in response to a confirmed fault; and (5) the dealership's expert opinion following technical investigation should be relied upon. The ombudsman considered BMWFS's original compensation offer of £429.98 reasonable given no fault was confirmed.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website