Not upheld: Goods and services under S75 complaint against BMW FINANCIAL SERVICES (GB) LIMITED

Decision detail

Summary

Mrs J purchased a new car under a hire purchase agreement with BMWFS in September 2024 and subsequently reported multiple faults including wheel noise and steering vibration. After diagnostics in December 2024 and January 2025 found no replicable faults, further diagnostics in September 2025 identified suspension and shock component issues which were repaired under warranty. Mrs J complained that the issues persisted and she had lost confidence in the vehicle, but BMWFS declined to uphold her complaint. The ombudsman found the vehicle was likely of unsatisfactory quality at supply but determined that BMWFS had met its legal obligations by undertaking appropriate repairs, with October 2025 road testing confirming the vehicle was satisfactory post-repair. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that whilst the vehicle was likely of unsatisfactory quality at point of supply due to the early failure of suspension and shock components, BMWFS satisfied its obligations under the Consumer Rights Act 2015 by undertaking appropriate repairs. Under the CRA's 'single chance of repair' provision, a business is allowed one opportunity to repair faults occurring within six months of supply. The ombudsman was satisfied that the repairs were successful based on the October 2025 road test confirmation showing the vehicle was 'ok', and the video footage provided by Mrs J did not conclusively demonstrate repair failure as the noise could be attributed to ordinary operational sounds. Therefore, BMWFS met its legal obligations.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website