Not upheld: Goods and services under S75 complaint against Stellantis Financial Services UK Limited

Decision detail

Summary

Mrs M hired a car from Stellantis in October 2022. In May 2025 (2.5 years later), the car broke down and the dealership denied her warranty claim, citing improper oil maintenance. Mrs M complained that she should not be held to the finance agreement without use of the car. The ombudsman found that under the Consumer Rights Act 2015, Stellantis was only responsible for the car's condition at the time of sale, and the burden was on Mrs M to prove the defect existed then. Without diagnostic reports or evidence of what actually caused the breakdown, there was insufficient evidence to uphold the complaint.

The Ombudsman's reasoning

Under the Consumer Rights Act 2015, Stellantis was responsible for the car being of satisfactory quality and durable at the time of sale, but not for defects developing later. The legal presumption that a fault discovered within six months was present at sale does not apply here, as the fault was discovered 2.5 years later. The burden of proof was therefore on Mrs M to demonstrate the defect existed at sale. Although the dealership cited improper oil maintenance, this does not prove the breakdown was caused by poor maintenance or that an inherent defect existed at sale. Without knowing which component failed, and without diagnostic or independent reports, it would be unsafe and unfair to infer a defect existed at the time of sale based solely on age and mileage.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website