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

Decision detail

Summary

Mr S purchased a used car under a hire purchase agreement with MotoNovo Finance Limited in March 2025. After approximately 5 months of ownership, the vehicle developed multiple faults including a timing chain issue, turbocharger damage, DPF issues, and NOx sensor problems. Mr S complained that the car was of unsatisfactory quality at the point of sale. An independent inspection arranged by the ombudsman concluded that the faults were unlikely to have been present at the point of sale and were more consistent with post-sale deterioration. The ombudsman found that given the vehicle's age (6.5 years) and high mileage (91,274 miles), it was reasonable to expect wear and tear, and the evidence supported that the issues developed after purchase. 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, fit for purpose and as described. For a used car with 91,274 miles and 6.5 years old, the relevant circumstances include the age, mileage, and expectation of wear and tear. The independent inspection report provided persuasive evidence that the faults were not present at the point of sale but developed after Mr S had driven the vehicle over 5,000 additional miles. The ombudsman found it reasonable that on a high-mileage vehicle, significant wear and tear would occur and repairs would be likely as parts approached the end of their usable lifetime. Although a timing chain issue likely occurred, even if it had been present at sale, the fair remedy would have been repair, which had already been completed.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website