Car under 6 months since registration l & rejection rights (FIRE RECALL?)

**R0b** · 1st January 2021, 16:57:PM

Hello

I can understand why you went to Evans Halshaw in the first plce but you should know that they have no obligation or liability towards you and the car. If the finance company is Ford CS then you should be dealing with them from the start, not bypassing them. Most hire-purchase agreements are a 3-way arrangement, where you have the dealership (Evans Halshaw) acting on behalf of the finance company as an agent (Ford CS) who sells the vehicle to the finance company and in turn hires that vehicle out to you under the terms of the HP Agreement. There is no contractual relationship between you and the dealership so if there's any problems, then you should almost always be contacting Ford CS in the first instance.

9 times out of 10 the finance company will pass the buck back over to the dealership but that's an arrangement between them and the dealership. It is theoretically possible that Evans Halshaw could charge you for the cost of repairs and the hire of the rental vehicle because you never went through Ford CS. Highly unlikely they will do that because there's an incentive to ensure the vehicle is fixed or they will probably lose their commission with the finance co. but still possible if no fault found.

Anyway, in your email to Ford CS did you tell them that you wanted to reject the vehicle or have you simply given a statement of problems? If you haven't heard back from them, then I would suggest following it up with another email or if there is a complains number then try that as an alternative option.

I'm not sure how trustworthy that website you've referenced is, but you can check if there has been a recall on the government website: https://www.gov.uk/check-vehicle-recall

Dealing with the compensation you are seeking:

1. There's no general rule that allows you to claim compensation for chasing up a response. You can ask for it, but I'm pretty sure the terms and conditions would exclude this type of compensation so it will be down to the goodwill of Ford CS.

2. Deposit should be fine to claim back but as you've have some use out of the car, Ford CS are allowed to deduct an amount for use unless you can show you've had no use out of the car since it was collected.

3. I would continue to make the payments until such time that you actually want to terminate the contract and you will need to clearly explain to Ford CS the basis of your termination. You should also cancel your direct debit because I would expect them to continue taking payments. Of course at this stage there's a risk your credit file could be affected because there will no doubt be a delay between you ending the agreement and Ford CS accepting the agreement as being terminated. Before you do terminate, I suggest you gather all necessary evidence to show why you are entitled to end the agreement. Playing devil's advocate, the fact you took it to the dealership could indicate your acceptance of agreeing to have the car repaired, rather than rejecting it. You can't then reject a vehicle once you have accepted a repair or replacement under the CRA.

**dannehhx** · 1st January 2021, 21:43:PM

Hi Rob,

Many thanks for reply.

I'll answer some points you raised in stages if thats okay, as everything you have said makes sense totally.

I contacted Ford CS on 3/12/20 who advised I took the vehicle in for diagnostics, since then all my contact has been solely through their CS number, who have raised a case through their complaints email from their finance department and merchandising, both have provided me with acknowledgement of my intention to Reject the vehicle and I'm awaiting a call back from Ford CS this Monday as they have contacted the dealer Evans Halshaw (23rd December) direct for a response on the car, Evans are still yet to respond to them. They are now looking to investigate the whole matter further.

I suppose my understanding of who I'm contractually obliged to contact has been confused slightly as I felt I was following standard protocol with my agreement of getting the vehicle in for a check under warranty when something was at fault as the car was becoming unfit for general purpose.

To add, due to COVID restrictions and general backlog in all their trusted dealerships I didn't really have any other option than to get the car in for diagnostics (I gave them a lengthy list of faults and issues) but this all started 7 weeks before I could even find a Ford dealer that would even fit the car in.

Am I right to assume that Evans Halshaw are now directly liaising with Ford and bypassing myself for any updates on the condition of the vehicle as standard procedure? Can I request that Ford give me a full list of checks, diagnostics results and any communication they've directly had from the dealership?

I felt that Evans Halshaw had and still hold a duty of customer care to myself as they were the ones that sourced the vehicle for finance on behalf of ford and ford the finance company- the least they owe me is to keep me in the loop with what they are even doing with the car 3 weeks down the line since being dropped off to them?

Many thanks

**R0b** · 1st January 2021, 23:42:PM

As long as Ford CS are aware of the situation then I think you'll be ok, I was simply setting out the correct position and that you could put yourself in an awkward position if you decided to have the vehicle checked and Ford CS were unaware except for your notice of rejection.

As for the warranty point, that's an entirely separate right which is in addition to your rights under the CRA and that would be dealt with directly by the manufacturer and their authorised dealers (inc. EH if that is the case). If you are exercising rights under the CRA then you have to make it sufficiently clear to Ford CS that is what you are doing and like I said in my previous post, it's perfectly arguable for you to do that notwithstanding you putting the car in for diagnostic/repair under the manufacturer warranty but be prepared for Ford CS to possibly contest your rejection.

I would assume EH would be liaising with Ford CS if that's what has been said by Ford CS and you could certainly request further information about what has been done so far to the car but I don't think you have a right as such other than anything that may have been carried out under the warranty as that issue was between you and EH albeit the two are now overlapping with one another.

To be honest, it's a little bit messy and probably not the best way to go about things but it is what it is. If you are exercising your right to reject the vehicle then I don't see why you would want EH to keep you in the loop because your relationship in that regard is directly with Ford CS. Obviously if Ford CS come back to you and say there's nothing wrong with the car then I would be asking for copies of any diagnostics/reports carried out by EH.

At the end of the day you have a rental car which presumably you are not paying for so there doesn't seem to be any significant inconvenience other than maintaining the monthly instalments. It might be sensible when you take that call on Monday from Ford CS to find out the current situation as to what EH have done so far in terms of diagnostics/repairs and if they haven't done anything in the 3 weeks that it is sitting in their garage then that in my view is inexcusable. You could press the point that you are continuing to pay the monthly instalments and it is not reasonable for you to continue making those instalments while the car is not being looked at despite having had ample time to inspect the car. Set a reasonable deadline for them to accept the position and agree a refund e.g. end of January otherwise you will stop any further payments and start the steps of legal proceedings to recover your money.

Be aware, continuing to pay the instalments is at odds with your right of rejection because exercising that right means you are effectively treating the contract as being at an end so you shouldn't really be making any further payments after the date you gave notification. There was a recent County Court case last year, Gordon v Volkswagen Financial Services (google it, there are some case summaries) where the consumer exercised his right of rejection but VW argued, amongst other reasons that he affirmed the contract by continuing payments. The Court held it wasn't sufficiently clear that he did so based on the facts but there is a risk that if your case went to court, it a judge could find that you did affirm the contract and your rights are lost.

If I were you, I would mention to Ford CS and follow up in an email after the call to confirm what was said, something like the continuation of the payments should not be taken as you affirming the contract rather you are wanting to avoid any negative impact on your credit file whilst Ford CS are looking into this and conferring with EH, and that you want to make it unequivocally clear that you are exercising your right of rejection and any payments made after the date of rejection are to be included as part of any refund of monies owed to you.

**dannehhx** · 3rd January 2021, 10:54:AM

Hi Rob,

many thanks - I’ve made a list of things I’d like to bring up on the call Monday dependent on what information they may or may not have for me.

just one thing I wanted to check with you- Ford merchandising consumer email have contacted me the last day or two of December and asked for the following details:

Please could you confirm if you are the registered owner of the vehicle?
Please can you provide the vehicle registration and VIN/chassis number?
Please provide a copy of your V5 document for our records
Please provide your full postal address?
Could you please provide your preferred contact number?

to finish their email they asked if no further contact had been given by first week of January then they would start there own investigation.

should I still provide them with the Information they’ve asked for before I speak to Ford tomorrow (Monday) or wait until the phone call is finished to gather an idea of what direction I need to head in and your understanding of their relationship with one another (Ford CS were the ones who advised I contacted both the Ford merchandising and Ford customer services) will they start to liaise with each other as standard with a vehicle complaint and rejection?

**dannehhx** · 4th January 2021, 21:35:PM

No phone call today despite being told by Ford last week I had a note on the system for a call today... annoyed to say the least.

Will chase them tomorrow

**R0b** · 4th January 2021, 21:43:PM

I would suggest you follow it up with Ford merchandising and set out your stall so it's clear and no delays. I can't see any harm in doing that and at least you are on the record.

**dannehhx** · 6th January 2021, 09:48:AM

Morning Rob,

After a 45 minute conversation with Ford Customer Relations department we are still no clearer with the position on the car, however I went ahead and gave the required information needed on the email I mentioned last time

Myself and Ford CS also attempted a call yesterday of which no answer still and as it stands it’s week 3 of no contact or communication but one thing I managed to gather from yesterday’s call with Ford was that the car has had two updates (21st December) a note to say extend my car rental for a 5 days period through Christmas period as car was in process of a full strip down senior mechanic had identified a definite clunking disturbance within car linked to handbrake. Another note on the 29th December just stating that they were understaffed and that push back on my rental car got me to this morning at 10am.

in the meanwhile I’ve called the Rental company this morning who have had no update from Ford just a phone call to Ford Rental who have no information on the car just to provisionally continue the rental until further notice. I’ve asked what further notice is in my case and I’ve been told indefinite.

I went ahead under Fords guidance last night and drafted my ‘ letter before action’ to evans halshaw head office and will cc Ford into an email but I intend to process this as recoded delivery as a letter by post too. Will send my draft over shortly as I’m just getting ready to print it- I’ve given them plenty of time now. If you would please let me know what you think I’ve spent a few hours preparing last night

thanks

**dannehhx** · 6th January 2021, 09:51:AM

LETTER BEFORE ACTION
**MY NAME** / Evans Halshaw Ford Merthyr
REG: CK20TUV
Ford Puma 1.0T EcoBoost MHEV ST-Line X (s/s) 5dr
Ford Account: *****
5th January 2021

I am writing to you to raise the current issue about: CK20TUV Ford Puma 1.0T EcoBoost MHEV ST-Line X (s/s) 5dr

The issue that I have experienced: On the 30th June 2020, I bought the above vehicle at a cost of £3700 deposit supplied under a PCP agreement with your company for the value of £22,845.48
I took delivery of the car on Tuesday 30th June 2020 at around 4pm.

On the 7th November was when I first noticed an issue with the cars on board electrics which was affecting the function of the internal touch screen, Traffic Recognition Assist and the cars on board Pre Collision Assist and the mechanics and functioning that controls these 3 things including intermittent loss of all functions on the touch screen including GPS, Maps, Apple CarPlay, volume controls (Audio & Prompt volumes) I also had an ongoing issue with both rear passenger and drivers side doors internal metal skirt which is misaligned allowing mud and water to flick up beyond the door seal.

The vehicle was sub sequentially sent in for diagnostics on Thursday 17th December 2020 at 8:30am at your Dealership Evans Halshaw Ford Merthyr Tydfil.

The week beginning Monday 7th December 2020 the vehicle was suddenly not releasing on the handbrake, the car would not move forward in gear, instead would keep the rear wheels stationary and I was finding the only way I could get momentum was to get clutch to biting point, wait 2-3 seconds when the rear wheels would suddenly clunk, tremble and judder the car into release.

A single attempt at diagnostic has been exercised, but I reserve my right to reject.

No contact from your dealership, despite having the vehicle since 17th December 2020 (+20 days from today’s date)

No communication in any form either in email or phone calls despite your customer service pledge , even though Ford Customer Service had received two updates from your dealership regarding the vehicle, (21^st December & 29^th December) I was not informed of either of these.

This meant that daily chase phone calls taking up my time and inconveniencing me daily for weeks, including Ford Customer Relations Representatives trying and failing to also contact you.

The stress of keeping family on standby to allow me to pick up the vehicle at any given moment.

Time and expense of making regular Premium calls to try and resolve- financially affected

Without a car I am continuing to pay finance for- financially affected.

Following on from liaising with Ford Customer Service and a phone call today (5^th January 2021) it has been decided that whilst I am obeying by the continuation of payments to Ford Credit in instalments, this should not be taken as I am affirming the contract; rather that I am wanting to avoid any negative impact on my credit file whilst Ford Customer Service/ Credit confer with Evans Halshaw on what date you have acknowledged my rejection in writing. Note that I am making unequivocally clear I am exercising my right of rejection and any payments made after the date of rejection are to be included as part of any refund or monies owed to me.

Therefore, Under the Consumer Rights Act 2015 I require a full refund and rejection of the vehicle as it is never been satisfactory as its not fit for purpose, these issues are underlying from manufacturing as the car has faults under 6 months since purchase.

I wish to exercise my rights under The Consumer Rights Act 2015 to require a response in 14 days.

Take notice therefore that I will initiate court proceedings without further notice if this issue is not resolved within 14 days of receipt of this letter.
I will seek to recover the following sums:

Deposit	£3700
3 Monthly Payments and further charges for finance whilst initiating this complaint: (July 2020, November 2020, December 2020 (not including any further incurring charges whilst this matter is dealt with))	208.43x2 218.43 = £635.29 (plus anything else incurred on my finance payments whilst waiting for acknowledgement of rejection)
Damages for loss of use at £10 per day until judgement	£310
Change/cancel of vehicle charges on insurance policy	£25
Out of pocket expenses (premium rate phone calls) at 40p per minute	£9.45
	Total: £ 4,679.74 (plus anything else incurred past date this letter/email was acknowledged)

Ford Customer Relations are following with case numbers available if required in regard to their acknowledgement of my right to exercise the rejection of vehicle CK20TUV.

I continue to patiently await your prompt response on this matter. As recommended by Trading Standards, I would like to keep a complete record of my case, so please reply to this email address.

**SIGNED**

**R0b** · 6th January 2021, 10:51:AM

I’m a little confused as to why you are sending a letter before action to EH when your contract is with Ford? If you take this to court the first thing you need to prove is that a contracted existed between you and EH for the sale and purchase of the car but you won’t be able to do that because there is no contract.

Your LBA should be sent to the correct Ford company listed in your agreement.

Think you are barking up the wrong tree but it’s your choice how you want to pursue it and you only have yourself to blame if it goes pear shaped.

Car under 6 months since registration l & rejection rights (FIRE RECALL?)

Car under 6 months since registration l & rejection rights (FIRE RECALL?)

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