Not upheld: Goods and services under S75 complaint against Advantage Finance Limited

Decision detail

Summary

Mr A purchased a used 8-year-old car with 81,089 miles via hire purchase with Advantage Finance Limited in May 2025. He experienced exhaust fumes in the cabin in November 2025 (repaired) and again in December 2025 (major DPF replacement in January 2026), and subsequently reported parking sensor failure in March 2026. Mr A sought to reject the car, arguing the glow plug fault discovered in an independent inspection proved the previous repairs had failed. The ombudsman found the independent engineer's report credible in concluding the faults were due to natural wear and tear and routine maintenance, not pre-existing defects, and therefore did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which implies goods must be of satisfactory quality. For a used 8-year-old car with 81,089 miles, a reasonable person would expect wear and tear and the need for routine maintenance. The independent engineer's report, which the ombudsman found reliable, explicitly stated there was no evidence the previous repairs had failed or contributed to the current faults, and that the glow plug fault was a routine maintenance item due to natural wear. Although Mr A invoked the single chance of repair provision, the engineer's findings negated the premise that the repair had failed. The ombudsman found no current evidence of fumes and noted Mr A did not mention fumes in his March 2026 complaint to Advantage.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website