Partially upheld: Goods and services under S75 complaint against Alphabet (GB) Limited
Financial Ombudsman decision DRN-9258471 of 2017-12-12T00:00:00+00:00. Goods and services under S75 complaint against Alphabet (GB) Limited. Outcome: Partially upheld.
Decision detail
| Reference | DRN-9258471 |
|---|---|
| Decision date | 2017-12-12T00:00:00+00:00 |
| Firm | Alphabet (GB) Limited |
| Product | Motor finance (PCP / HP) |
| Claim type | Goods and services under S75 |
| Outcome | Partially upheld |
| Remedy | Alphabet (GB) Ltd ordered to pay Miss A £500 for inconvenience and to pay for the cost of fuel used during the independent inspection. Request to reject vehicle and unwind agreement was refused. |
Summary
Miss A hired a brand new Land Rover from Alphabet in August 2016, but from January 2017 it developed multiple faults including brake issues, AEB problems, and smart key defects. Despite multiple warranty repairs, faults recurred or new ones appeared, causing Miss A significant inconvenience and safety concerns. She complained to FOS in July 2017 seeking to reject the vehicle and unwind the agreement. An independent inspection in November 2017 found no faults with the vehicle. The ombudsman partially upheld the complaint, refusing the request to reject the vehicle based on the inspection findings, but awarding £500 compensation for inconvenience and the cost of inspection fuel.
The Ombudsman's reasoning
While the independent inspection found no current faults and the brakes (newly replaced) were functioning normally, the ombudsman acknowledged the poor history of repeated brake repairs, safety concerns, and loss of consumer confidence. However, the best evidence available was the independent inspection showing no faults at the time of assessment. The ombudsman balanced Miss A's significant inconvenience against the lack of current evidence of faults, concluding that rejection was not warranted but compensation for inconvenience was appropriate.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Alphabet (GB) Limited, all decisions | 17 | 18% |
| Goods and services under S75, all decisions | 19,153 | 37% |
| Motor finance (PCP / HP), all decisions | 19,455 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website