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

Decision detail

Summary

Miss P complained that a used car acquired through MotoNovo Finance on hire purchase was not of satisfactory quality, citing an electric charging fault that appeared within one day of acquisition and subsequent tyre and brake issues identified at MOT three months later. The electric charging fault was successfully repaired under warranty at no cost to Miss P. The ombudsman found the charging fault was presumed present at supply under the Consumer Rights Act 2015 but that MotoNovo's successful repair exhausted its obligation. The MOT issues could not be assessed as evidence was destroyed when Miss P authorised repairs, and recent charging issues reported 12 months after supply lacked conclusive evidence of being present at supply. The complaint was not upheld, with the ombudsman recommending Miss P obtain an independent inspection if she wished to pursue the matter further.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015, which presumes faults arising within six months of supply were present or developing at point of supply unless the business proves otherwise. The electric charging fault was reported within one day, satisfying this presumption. However, the repairs were successful and completed under warranty at no cost, exhausting MotoNovo's right to repair. For the MOT issues, no evidence could be obtained after Miss P authorised repairs. For the recent charging issues reported after 12 months, Miss P provided no conclusive evidence they were present at supply or resulted from failed repairs, shifting the burden of proof to her under the CRA. The ombudsman recommended Miss P obtain an independent engineer's inspection if she wished to pursue the matter further.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website