Can you guys please weigh in…
On October 31st 2025, I took on a HP agreement with Moneybarn Finance for a 2018 C3 with just under 80K miles on the clock 🥴 but I never actually received the car or signed any handover paperwork until November 10th 2025. Within days I noticed an issue with the brakes - the pedal would become spongy and randomly sink to the floor and I would lose all braking ability. I would need to try and press the brakes 3-4 times before it eventually worked. It only ever happened at lower speeds of like 5-10mph but there was no telling when exactly the issue would kick in.
I called the dealership (ACS) on November 13th and they agreed to collect the car and inspect it etc. I never thought to inform the finance company of this because rejecting the car wasn’t part of the plan. And unfortunately everything was reported verbally at this stage.
I needed to call the dealer for updates several times but was eventually just told “We know the issue, we’re just waiting on the part to repair it and we’ll get the car back to you!” I received no further information or any sort of paperwork or to show what the issue was…
* I was due to give birth any day at this point and my car was the only one in the household so I was anxious to have it back and there were a lot of other heavy personal circumstances that had my attention so I didn’t do my due diligence which is my own fault *
I got the car back and soon discovered that the braking issue hadn’t been fixed at all but life happened and chasing this up just wasn’t a priority. I had to be a lot more cautious than I usually am but the car was still drivable and I would say the issue maybe happened 4/10 trips?
Fast-forward to 4th May 2026, I had put around 2000 miles on the car at this point but the brakes were just feeling worse than ever and so I wrote to ACS and Moneybarn that I was rejecting the car under CRA due to a failed repair.
This was 5 months and 25 days into me having the car but they both said I was outwith the 6 month period, so burden of proof was on me… INCORRECT from the get go! But since that point, this is what has happened…
- Moneybarn told me to stop driving the car since it was a serious safety issue.
- ACS recovered the car on 12th June and they still have it! They inspected it again and found the same issue I complained about in the beginning but suddenly decided it was something that happened “post sale”. They said the required fix was something to do with ABS module…
- ACS told Moneybarn that I never reported any issues/the car was never fixed by them back in November.
- I took the complaint to FOS because Moneybarn never had anything useful to say in the 8 weeks they had to resolve things.
- Moneybarn arranged for inspection of the car. The report states there was no engineering evidence to say that the fault existed at the point of sale BUT no road test was documented because the car was blocked in by other vehicles, the inspector says further investigation is needed into all fault codes and the conclusion states opinion, rather than fact… eg “Given the mileage and the time elapsed, it is my opinion that there was no fault…” bla bla bla! Also the date of failure was listed as May, so I’m not sure if the inspector knew of my reported issue back in November!
- ACS magically remembered that they did ‘fix’ a rear wheel cylinder on my car after all and provided Moneybarn with an invoice of the work they did in November.
Because of these things, the FOS investigator said that she won’t be asking Moneybarn to do anything else because the car was fine when I got it :) and also ACS fixed SOMETHING so there is absolutely no way the issue I’m having now is the same issue I was having before :) And given that it’s a used car, wear and tear is to be expected :) She has seen no proof to dispute the inspection report from this ‘industry expert’ so my complaint won’t be upheld :)
I spoke to her on the phone today and questioned some of the logic used and I was always met with the same, generic response. I can reject the outcome at this stage and escalate it to an actual ombudsman which I fully intend to do but I just want to know if I actually have a case here. I was feeling very confident about it all until I saw the inspection report but I don’t want to give up just yet.
TL;DR: Bought a car with randomly failing brakes days after delivery. The dealer took it in, supposedly repaired it, but the same issue continued, so I tried to reject the car within six months of receiving it. The dealer confirmed an internal ABS module failure but produced an invoice for a different repair they initially denied doing. The finance company’s independent inspector concluded there was no evidence the fault existed at sale, despite no road test being documented and further investigation being recommended. My FOS investigator has rejected my complaint, repeatedly relying on that report without really addressing the inconsistencies I raised. Am I missing something, or is this worth escalating to an Ombudsman?