Upheld: Goods and services under S75 complaint against Marsh Finance & Commercial Limited
Financial Ombudsman decision DRN-6406182 of 2026-06-19T00:00:00+00:00. Goods and services under S75 complaint against Marsh Finance & Commercial Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-6406182 |
|---|---|
| Decision date | 2026-06-19T00:00:00+00:00 |
| Firm | Marsh Finance & Commercial Limited |
| Product | Motor finance (PCP / HP) |
| Claim type | Goods and services under S75 |
| Outcome | Upheld |
| Remedy | Marsh Finance & Commercial Limited directed to pay Miss A £85 compensation for distress, worry, and inconvenience caused by the situation with the car supplied. Ombudsman advised Miss A that if she lacks confidence in the car's quality, she may instruct an independent engineer to inspect it, and if further faults are identified as likely present at point of supply or repairs have failed, she could bring a new complaint and Marsh would likely consider accepting rejection of the car. |
Summary
Miss A complained that a used car acquired through Marsh Finance & Commercial Limited via hire purchase in January 2025 was not of satisfactory quality, citing multiple faults including injector problems, faulty key, media system issues, and concerns about suspension and brakes. The car was nearly eight years old with over 55,000 miles at supply. Marsh partially upheld the complaint, reimbursing £821.20 for unauthorised repairs and arranging for the media system to be replaced with an aftermarket Android unit. The ombudsman found that the main faults (injector, key, media system) were present or developing at point of supply and have been satisfactorily remedied at no cost to Miss A, while other issues are attributable to normal wear and tear. The ombudsman upheld the complaint and directed Marsh to pay £85 compensation for the distress and inconvenience caused by delays and poor service in resolving the faults.
The Ombudsman's reasoning
The ombudsman applied the Consumer Rights Act 2015, which implies that goods supplied under a consumer credit agreement must be of satisfactory quality. The ombudsman found that the car had faults present or developing at point of supply (injector, key, media system) which have been satisfactorily remedied at no cost to Miss A. Other issues reported (brakes, suspension, track rods) are serviceable components subject to normal wear and tear on an eight-year-old car with 55,000+ miles, and there is no evidence these were faulty at supply. The ombudsman held Marsh responsible for the distress and inconvenience caused by the delays and poor service in resolving the faults, despite some delays being influenced by factors outside Marsh's control and Miss A's own actions. Compensation of £85 was awarded as fair and reasonable recognition of the frustration, worry, and anxiety experienced.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Marsh Finance & Commercial Limited, all decisions | 37 | 43% |
| Goods and services under S75, all decisions | 19,872 | 36% |
| Motor finance (PCP / HP), all decisions | 19,840 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website