Not upheld: Goods and services under S75 complaint against Black Horse Limited

Decision detail

Summary

Mr S purchased a 10-year-old used car via hire purchase with Black Horse Limited in March 2025. The car developed multiple faults shortly after purchase, which Black Horse partially acknowledged and repaired in July 2025, including wiring loom, parking brake, power steering, and body control module issues. Mr S claimed the parking brake fault reappeared and that subsequent diagnostic reports showed fault codes indicating the repairs were unsuccessful. The ombudsman found that while faults were initially present and repaired, diagnostic error codes alone do not prove ongoing faults, and an independent physical inspection report showing the parking brake functioning correctly was more persuasive evidence. The complaint was not upheld, and no further remedy was ordered.

The Ombudsman's reasoning

The ombudsman found that while faults were initially present and acknowledged by Black Horse, the evidence does not demonstrate the car remained of unsatisfactory quality after repairs. Diagnostic error codes alone are insufficient to prove ongoing faults as they only indicate potential problems and are common in older vehicles. The independent physical inspection testing, which directly tested the parking brake and found it working correctly, is more persuasive than abstract diagnostic testing. The ombudsman rejected Mr S's argument that diagnostic reports provided stronger evidence than the independent inspection, finding the physical testing more reliable for determining actual functionality.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website