ford complaint

[woodcroft38]

hi Please help.
I purchased a new car from trust ford Eltham the car has a factory fitted sun roof which is leaking the boot mat went mouldy the floor carpets are soaked and the car now smells very damp.
took car back to ford to look at the technician found the fault he said the car has a manufacture fault and will need to be sent away for repair.
the car is just under six months old 2.000 miles and cost just under £20.000 pounds I want a replacement car one that don't leak.I don't see why i should have to have a brand new repaired car
Ford are only prepared to repair the car. Can i take this to court? what are my rights ?
please help
regards woodcroft

[2222]

Under the Consumer Rights Act, you have 30 days from purchase to reject goods that are of unsatisfactory quality, unfit for purpose, or not as described, and get a full refund.

The retailer, although in practice Ford will see to it, has the right to attempt a repair. If that fails, you then have the right to reject the goods and get a refund.

You need to inspect the repair very closely indeed. I suggest you get an engineer to check the state of the inside of the car for any signs of rust or other water damage whilst it is dismantled and agree with Ford the exact specification of the rectification work. I assume the carpets will be replaced, anyway, but it's important that other areas are closely inspected and all damaged parts are replaced. For example, it's possible the seats have been damaged.

If you make it hard enough for them to repair, Ford may possibly give in to your request to replace the car, so it's worth your while to spend several hundred pounds getting an independent engineer in.

It's crucial whether you are currently just before or just after the 6 months date from purchase. Which is it?

Did this inundation occur suddenly, or was it very gradual? Did you notice it but then delay dealing with it?

[woodcroft38]

Under the Consumer Rights Act, you have 30 days from purchase to reject goods that are of unsatisfactory quality, unfit for purpose, or not as described, and get a full refund.

The retailer, although in practice Ford will see to it, has the right to attempt a repair. If that fails, you then have the right to reject the goods and get a refund.

You need to inspect the repair very closely indeed. I suggest you get an engineer to check the state of the inside of the car for any signs of rust or other water damage whilst it is dismantled and agree with Ford the exact specification of the rectification work. I assume the carpets will be replaced, anyway, but it's important that other areas are closely inspected and all damaged parts are replaced. For example, it's possible the seats have been damaged.

If you make it hard enough for them to repair, Ford may possibly give in to your request to replace the car, so it's worth your while to spend several hundred pounds getting an independent engineer in.

It's crucial whether you are currently just before or just after the 6 months date from purchase. Which is it?

Did this inundation occur suddenly, or was it very gradual? Did you notice it but then delay dealing with it?

HI 2222
thanks for reply deposit paid for car on 12/06/2018 we collected the car on 30/06/2018 we phoned ford on the 21/11/2018 and told them about problem they booked car in on the 3/12/2018 the reason we did not notice was because we had such a dry summer. the ford technician told us the car would have left the factory with this fault would that mean the car was of unsatisfactory quality when we bought it. Ford want to repair the car i don't want the car back .what would you recommend i do? thanks

[des8]

Under the CRA 2015, as the fault has surfaced longerthan 30 days after delivery, but before the expiry of 6 months the dealer has the right to attempt one repair.
This has to be within a reasonable time and without significant inconvenience to the consumer, and
the dealer bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

[2222]

HI 2222
thanks for reply deposit paid for car on 12/06/2018 we collected the car on 30/06/2018 we phoned ford on the 21/11/2018 and told them about problem they booked car in on the 3/12/2018 the reason we did not notice was because we had such a dry summer. the ford technician told us the car would have left the factory with this fault would that mean the car was of unsatisfactory quality when we bought it. Ford want to repair the car i don't want the car back .what would you recommend i do? thanks

Are you saying the car has been with Ford since 3rd December? Have they provided you with a courtesy car?

If the repair is complete, I do not advise simply refusing to collect it. You have no legal right to do that. What I suggest is that you inform the garage that you intend to get an independent engineer to dismantle the car again and check the repair has been done entirely satisfactorily. If he has to dismantle it and put it back together again, rather than viewing it during the repair process, that is bound to be very expensive. You'll need to pay that cost.

It's a gamble. You pay the engineer say £1000. He then may give the car a clean bill of health, in which case you have no choice but to accept it back from the garage. If you don't want it, you can sell it secondhand, and I guess you'll get maybe £5k less than you paid for it.

OTOH, the engineer may find significant fault with the repair, in which case you are perfectly entitled to reject the car under CRA.

An alternative to all this is to negotiate with the garage, and see what deal you can strike. It will obviously cost you a few thousand pounds, but you'll get the new car you crave.

[woodcroft38]

Thanks for reply. Ford has had car for repair since 17 December. Yes we have a courtesy car. I was under the impression that when you brought something it has to be of satisfactory quality. The technician told us the car would have left the factory with this fault so fords sold us this car with this fault which is not of satisfactory quality because it leaks. This would be my argument should we take this to court. Whats your thoughts?

[ostell]

Yes they are supposed to supply it with satisfactory quality. If you had noticed in the first 30 days then you could have rejected. Now you have got past that time you have to allow them one chance of repair.

[des8]

you'd lose
Read CRA 2015

If you discover the car is unsatisfactory after the first 30 days, altho' deemed to be unsatisfactory when delivered, the dealer has the right to attempt one repair.
If the repair is unsatisfactory you have a final right to reject, but the dealer can deduct an amount for usage.

[2222]

you'd lose
Read CRA 2015

If you discover the car is unsatisfactory after the first 30 days, altho' deemed to be unsatisfactory when delivered, the dealer has the right to attempt one repair.
If the repair is unsatisfactory you have a final right to reject, but the dealer can deduct an amount for usage.

I had the idea at the back of my mind that there must not be a deduction for usage during the first 6 months, but on checking that point there seems to be an exemption for motor vehicles. So, Des is right (as always). I've just added this comment in case somebody reads this thread looking for more general advice on the CRA.

[des8]

So, Des is right (as always).

I wish

[woodcroft38]

Many thanks guys. Not the news I wanted to hear am passing things on to the Ombudsman. Just one more thing I have the car on ford finance final payment in two years time would this help my case?

Thanks

[des8]

The only difference purchasing on finance has to your rights, is that instead of the dealer you deal with the finance house.,

[2222]

Many thanks guys. Not the news I wanted to hear am passing things on to the Ombudsman. Just one more thing I have the car on ford finance final payment in two years time would this help my case?

Thanks

Which Ombudsman? FOS? If so, have you complained to Ford Finance and had a deadlock letter yet? Or is there some car Ombudsman I am ignorant about?

I don't think you will get anywhere with FOS. If you don't have a valid claim under CRA, you don't have a claim under CCA either. And FOS can only uphold your rights. They can't change the law.

have you rejected the idea of getting an engineer to go over the car with a fine tooth comb, with a view to rejecting the repair?

[des8]

https://www.themotorombudsman.org/

[2222]

https://www.themotorombudsman.org/

Well, I never!

It would be as well for the OP to download the code of practice, to ensure his complaint falls within the remit of the Ombudsman.