Not upheld: Goods and services under S75 complaint against Moneybarn No.1 Limited

Decision detail

Summary

Mrs B purchased a used car (approximately 9 years old with 59,000 miles) through a conditional sale agreement with Moneybarn in September 2023. Within a week, a DPF warning light appeared, which she reported to the selling dealership. The vehicle subsequently experienced recurring DPF issues, a breakdown in June 2024, turbocharger failure in September 2024, and ongoing performance problems. Mrs B did not contact Moneybarn about these issues until September 2025, approximately 2 years after supply. Moneybarn rejected her complaint, and Mrs B referred the matter to the Financial Ombudsman Service. The ombudsman found that while the vehicle clearly experienced problems, the evidence was insufficient to establish that these were present or developing at the point of supply rather than resulting from wear and tear. The diagnostic reports obtained in 2025 only suspected underlying issues and recommended further investigation. Given the two-year delay, the vehicle's age and mileage, the MOT pass shortly after initial failure, and the lack of definitive expert evidence, the ombudsman did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 framework for satisfactory quality, noting that for a used car approximately 9 years old with 59,000 miles, a reasonable person would expect it might not perform as well as a new car and would carry a greater risk of wear and repairs. The ombudsman found that while the DPF warning appeared shortly after supply, a warning message alone is insufficient to establish the vehicle was of unsatisfactory quality. The fact that the vehicle failed an MOT for emissions but then passed a few days later suggested any issues had been rectified. The ombudsman placed significant weight on the two-year delay before Mrs B contacted Moneybarn and the lack of expert evidence definitively establishing that faults were present or developing at supply. The diagnostic reports from 2025 only 'suspected' underlying issues and recommended further investigation (ECU software check), which the ombudsman found insufficient to prove the claim on the balance of probabilities. The ombudsman noted that the vehicle travelled approximately 4,500 additional miles before complaint, which would be difficult if there was an inherent DPF defect, and that the low mileage and potential for short stop-start journeys could explain DPF issues through wear and tear rather than manufacturing defect. The ombudsman acknowledged the MOT pass in September 2024 made it unlikely the DPF had been tampered with before Mrs B took ownership.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website