Problem with Car. What are my Rights & What should I do

[pkuk2000]

I purchase an 15-month old Ford car from a Ford Main Dealer on 11th December last year 2009. Therefore, I have had it just short of 6-months.

 

The car has been purchased through an HP Finance deal with Black Horse, set up by the garage. I paid around 50% cash, leaving around £7,500 to pay.

 

Today, when I went to load the shopping into the boot, I discovered it rather wet. I haven't noticed such a problem before, although loading the shopping into the boot is a weekly event. Nevertheless, this week we have had some particularly torrential downpours.

 

I'm not sure of my rights, although I think I read somewhere I have six months to reject the car? Rejection is not my preferred action, it is a wonderful car in all other respects. However, I do not want to be left with a problem and, for all I know, it could be the reason the previous owner got rid of it after only 7,000 miles.

 

I do intend to visit the dealer tomorrow and I guess I should inform Black Horse. Nevertheless, I know I need to do most of this in writing and that the words will be important. I'd appreciate some help and advice.

 

Thanks in advance.

[Conniff]

First thing get down as you intend and see the dealer and see what they have to say for themselves. No doubt they will say that they will have a look.

 

In the meantime, if you could have a check yourself to see where the leak is by sitting in the boot and get someone to spray a hose on it which may show it up. Remove the spare and carpet and check the floor, the state of may indicate how long there has been a leak.

 

After all the conversation is done at the dealer, mention that an attempted repair does not remove your right to later reject.

 

Let us know what is said and then we can go from there.

[heliosuk]

Conniff is spot on here but you shouldn't have to do the sitting in the boot thing yourself. The Ford dealers will be aware of these issues and usually have a fix so as he says see what they say and do and take it from there.

 

Which Ford is it as a matter of interest?

[Conniff]

I only suggested to see for himself in case any bs should be given out. It's nice if you know the actual cause/position.

Edited May 29, 2010 by Conniff

[Boro]

Common problem on some of the new fords i beleive, poor build quality ie bits left unsealed or a gromet not fitted etc

[pkuk2000]

Thanks for the prompt replies, folks. Accept being to give the garage an indication of where the problem might help them but will leave the sitting in the boot to them, I think

 

The car is a Focus CC-3. Was under the impression Pininfarina pressure tested these things.

 

I quite expect the garage to take a look. However, I understand leaks can be notoriously problematic to fix. Plus previous owner only had the car just over a year (OK, so I'm skeptical).

 

Given I've had the car only two weeks short of six months, I want to make sure I preserve what rights I have at this point and don't lose any in the longer term.

 

I'll keep you posted.

[Conniff]

I wasn't thinking of you helping them with findin it, more so you are in the know if they try and pull a fast one.

[pkuk2000]

Thanks Connif but as far as " a fast one" is concerned, I'm more concerned about my rights and ensuring they don't try to BS me about those. And ensuring I do what I need to do to maintain my rights without doing/saying anything which may compromise them.

 

I took the car to the garage this morning. Of course, the Service Desk was shut but I did get to speak to the guy who sold me the car.

 

He did ask if I'd left the boot open in the rain, or had the boot open in the rain. Nevertheless when I opened the boot he admitted that the boot covering was visibly very wet even at first glance, he could smell the dampness and yes, there was 3cm of water in the spare wheel well (thanks for advising me to check).

 

He had no hesitation in advising me to book the car in through Servicing on Tuesday. He acted/seemed surprised to hear of the problem but I'm not necessarily convinced.

 

The more I think about it the more I can't help thinking this could have been an unresolved problem that led to the previous owner going for a new car and the low mileage was due to it being more off the road than on. But like I say, maybe, I'm being skeptical.

 

On the other hand, the previous owner took the car in after 11 months because there was a "knocking noise in the boot". Now that wouldn't have been 11 months accumulation of water slapping around in the boot would it?

 

Whatever. I really don't feel very comfortable about this.

[LancerQRL]

ford focus cc's leaking roofs and boots are very common, but i believe there is only a two year warrenty on the roof system (pininfarina), opposed to three years on the rest of the car (ford), and the parts are hugely expensive, never mind the labour times that could be charged for testing, fitting parts and then retesting.

[Conniff]

If that's the case Lancer, I hope for PK's sake the heavens open after the repair - god I never thought I would ever say a thing like that, I hate the rain.

[sailor sam]

ford focus cc's leaking roofs and boots are very common, but i believe there is only a two year warrenty on the roof system (pininfarina), opposed to three years on the rest of the car (ford), and the parts are hugely expensive, never mind the labour times that could be charged for testing, fitting parts and then retesting.

 

I didn't know you could have 2 different manufarcturer warranties on different parts of a new car! That normally only applies to the tyres and battery. I would check the T & C's in the warranty/sercice book.

 

I think I would also be suspicious that the car may have been previously rejected after only showing 7,000 miles on the clock, but as far as I am aware in cases of new car rejections, the dealer will claim off the manufacturer (if the necessary repairs are unsucsessful) for a replacement so there is no real reason for a dealer to try and 'off load' a rejected car on to someone else. Also, it simply isn't in their interest to do so.

 

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[pkuk2000]

 

I think I would also be suspicious that the car may have been previously rejected after only showing 7,000 miles on the clock, but as far as I am aware in cases of new car rejections, the dealer will claim off the manufacturer (if the necessary repairs are unsucsessful) for a replacement so there is no real reason for a dealer to try and 'off load' a rejected car on to someone else. Also, it simply isn't in their interest to do so.

 

OK, you may be right, but I'm still concerned.

 

Guys, I said I'd keep you informed but really, I'm just in a waiting stage. The garage are reacting just as I would have hoped i.e. they will take the car in for a few days are going to take a look. The delay is 'cos I need one of their courtesy cars.

 

I haven't broached the "if you don't ix it you can have it back" route as I feel that would be too confrontational at this point in time and, in any case, surely it's the HP company I broach that with?

 

I'd be happy to start a dialogue with the HP company and, given I've already had the car for nearly six months, shouldn't I be warning them, rather than warning the garage?

 

If I warn them, what should I be writing to ensure I didn't lose what rights I have? Can someone point me in the right dirction?

 

Thanks in advance.

[Conniff]

You should copy all letter you send to the seller to the finance company as well. It is their car.

[pkuk2000]

You should copy all letter you send to the seller to the finance company as well. It is their car.

 

Thanks Conniff, but what should I actually be writing given that I want the problem fixed or.........

 

What are my rights? What should I actually be quoting to them in terms of legislation supporting my rights?

 

Recent weather seems to have highlighted a pretty bad problem and I don't want to be stuck with a car with a problem such as this.

 

Regards,

 

Paul

[Conniff]

Ok, lets go through a few points.

 

I'm not sure of my rights, although I think I read somewhere I have six months to reject the car? #1

 

No you don't get six months, you get a 'reasonable time'. That reasonable time isn't laid down, but is not usually longer than a few weeks. That doesn't mean you have lost the right of rejection, the courts can extend this right up to the sixth year.

 

During the first six months, it is up to the seller to show the problem wasn't there at the time of sale and after the six months it is up to the buyer to show it was.

The sale of goods act says 'any problems that show up during the first six months are assumed to have been there at the time of purchase'.

 

I understand leaks can be notoriously problematic to fix. #6

 

Yes, but not your problem.

 

I haven't broached the "if you don't ix it you can have it back" route #12

 

Is the car now with the dealer?

 

You must make it known that you know what the position is as regards the Sale of Goods Act 1974(as amended).

The six months is not a red line crossed over, as the fault has been reported and (hopefully) being attended to, they wont be able to say to you 'sorry it's over six months now and your problem'.

 

Have you had any feedback at all from them at all?

 

I'd be happy to start a dialogue with the HP company .... shouldn't I be warning them, #12

 

Not warning then, keeping them in the picture which is why you should send them a copy of everything you send to the dealer.

If it comes to the worse and you have to reject and it is accepted, (and I couldn't see why it wouldn't be), then your contract with the finance company comes to and end and you are entitled to a refund of all installments.

 

Of course, we may be worrying unduly here and the dealer will treat this very seriously and actually fix the leak or even suggest themselves that you return the car for a refund or replacement.

 

So what correspendence, if any, has gone between you and anyone else?

[pkuk2000]

Thanks Conniff. That explains things a lot better for me.

 

At the moment I've not written anything to anyone. The response of the garage cannot be faulted and it is booked in for this week. Usual delays due to availability of a courtesy car and my car needing to be in for a few days.

 

At this point I do not want to enter into correspondence with the garage as I'm not sure that would be appropriate. I was considering writing to the HP company, highlighting the problem to them, telling them that the garage is looking into the problem, but if they cannot resolve it I will not want the car.

 

From what you're saying I shouldn't really do this at this point, but yes, of course I would keep them copied in respect of any correspondence with the garage.

 

Thanks again.

 

Paul K

Edited June 13, 2010 by pkuk2000
Somehow reposted 14

[Conniff]

Have you heard anything back from the dealer and does he still have the car?