What success can look like

The Ombudsman’s ruling in Ms M’s complaint against Volvo Car Financial Services UK Limited (DRN-5274207) shows how remedies are tailored when a major fault is repaired but delays occur. Ms M took a new Volvo on a conditional sale agreement in March 2023, paying an advance of £21,746.75 with 36 monthly payments of £604.08.

Within the first 3,000 miles an electrical fault emerged. The car went back to the supplying retailer in October 2023 and, due to parts delays, repairs were completed on 29 February 2024. A courtesy car kept Ms M mobile. She initially refused to collect the repaired car, later asking for it to be returned in late August 2024; it was returned on 24 September 2024.

The Ombudsman found the car hadn’t been sufficiently durable at supply but, because the single repair was successful and a courtesy car was provided, Ms M did not have the right to reject. However, the delay in returning the car in September 2024 justified a targeted financial remedy.

Key outcomes

• Complaint upheld; no statutory right to reject awarded (repair succeeded and courtesy car provided).

• Refund: 75% of the equivalent monthly payment for the period 1–24 September 2024.

• Interest: 8% simple yearly interest on the refund amount until paid.

• Compensation: £300 for distress and inconvenience.

• Note: If HMRC requires interest to be taxed, Volvo must provide a tax deduction certificate on request.

This case highlights that where a single repair succeeds, outcomes may focus on partial refunds for specific delays, statutory interest, and modest compensation — rather than full rejection. Thorough timelines and evidence strengthen your position.

Introduction: When Is Rejection the Right Option?

Many Volvo owners enjoy years of reliable motoring, but some face repeated faults soon after purchase. If you're dealing with persistent problems, you may be considering whether you can reject the car. This guide explains your rights and the steps to take.

Step 1: Know Your Rights – Consumer Rights Act 2015 and Warranty

Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described.

• Within 30 days: the short-term right to reject and receive a full refund.

• After 30 days: the right to a repair or replacement; if unsuccessful or faults recur, the right to a final remedy (price reduction or rejection).

Manufacturer warranty typically runs alongside your statutory rights (terms vary by model and year). Warranty exclusions commonly include wear and tear, neglect, unauthorised modifications, and consequential loss.

Step 2: Identify and Document Faults

Common categories:

• Electrical/software (warnings, infotainment glitches, battery/charging issues)

• Mechanical (engine/gearbox/drivetrain, cooling, suspension, emissions/AdBlue where applicable)

• Body/interior (water ingress, rattles, fit/finish)
  
  

Brand-specific examples from FOS decisions:

• Early electrical fault within first 3,000 miles resulting in an extended repair while parts were on back‑order (DRN-5274207).

• Courtesy car provided during repair; later delay in returning the repaired car to the consumer (DRN-5274207).

Action: keep a dated log, photos/videos, diagnostic/repair reports, and all correspondence with the retailer and finance company.

Step 3: Communicate Clearly – Template Letter

Subject: Request for Vehicle Rejection/Replacement – [Your Vehicle Model, Registration Number]

Dear [Dealer Principal's Name],

I am writing regarding my [Volvo Model], purchased from [Retailer Name] on [Date]. Since delivery, I have experienced repeated faults including [list main issues, e.g. electrical failures, drivetrain faults, water ingress]. These have not been resolved despite multiple repair attempts.

Under the Consumer Rights Act 2015, I am entitled to a vehicle that is of satisfactory quality, fit for purpose, and as described. As the faults are persistent and have not been rectified, I am requesting [a replacement vehicle/a full refund]. Please confirm the process for returning my vehicle and arranging [a replacement/refund].

I have attached a log of faults, photos, and copies of correspondence. I look forward to your response within 14 days.

Yours sincerely,
[Your Name]
[Contact Details]

Step 4: Dealer, Manufacturer, and Finance Company – Who to Contact

• If bought on PCP/HP, the finance company is often the legal owner; involve them early.

• Your contract is with the retailer; keep them in the loop and escalate if needed.

• If ignored, escalate to the manufacturer’s customer relations.

Step 5: What to Expect – Refunds, Replacements, and Mileage Deductions

• Within 30 days: generally a full refund when rejection is valid.

• After 30 days: repair/replacement or partial refund (businesses may deduct for fair use/mileage; negotiable where faults are severe or the car was unusable).

• Where decisions unwind finance agreements, typical remedies include refunding sums paid and applying 8% simple interest on refunds (per FOS discretion).

Step 6: Overcoming Obstacles

If progress stalls, escalate in writing, reference evidence and your statutory rights, and set clear timelines. Persistence matters.

Step 7: Negotiation Tips

• Use your fault log and evidence to demonstrate inconvenience and repeat failures.

• Ask for mileage deductions to be waived if the car was unusable.

• If a replacement is offered, scrutinise the finance terms.

Step 8: Real Examples (from FOS decision)

This article draws on the following FOS decision involving Volvo:

• DRN-5274207

Major Volvo Retailers (UK)

• Marshall Volvo

• Waylands Volvo

• John Clark Volvo

• Ray Chapman Motors (Volvo)

• Riverside Volvo

Common Volvo Models (UK)

• EX30

• EX40 / EC40

• EX90

• XC40

• XC60

• XC90

• V60

Conclusion: Stay Persistent and Informed

You don't have to accept a car that isn't right. With clear evidence and knowledge of your rights, you can achieve a fair outcome. Keep thorough records and escalate in writing.

Disclaimer: This article provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.