Fords

[Sapphire]

Hiya

I'm wondering if anyone can help me with this, basically I want to know if I have any rights with say the sale of goods act or the warranty on my car ? Does anyone know of any laws etc I can quote in a letter of complaint ?

Here's what has happened....

Over the last few years I have have through our local dealers Essex Auto Group had a couple of cars on Ford Options, all has been fabulous, loved the cars, excellent service and so on, then it was announced that the new Kuga was coming out so last May I ordered one for the 1st September new registration, automatic, black or white, then in the August I was told sorry they are not making auto's till the new year so we only have a manual in Sterling Grey, so like a complete dickhead I agreed to it.
The car was delivered on the 4th September, after a couple of weeks I noticed that the instrument cluster (the computer bit) wasn't registering properly, ie a full tank of fuel was showing as 77 miles left, I reported it to the dealers who had the car back in and inspected it, they said that it was to do with a software update due in the November, so I carried on driving around, I don't do that many miles, normally around 20-30 per week, then in November I drove down to Brighton and put the car into cruise control and noticed that although it was set at 50 mph I was actually doing 55 mph.
I reported it on the Monday, yet again the car was taken in again, they tried to fix it again, nope it didn't work.
It went in again, didn't work.
Then it was in again for a new instrument cluster, still the same problem.
In all now the car has been back into the dealers eight times and a total of 35 days.
Fords are now saying today that they want the car back yet again so a technician from the instrument cluster makers can take a look.
The dealer has been trying to get me an Assisted Exchange (basically they ask Fords to help buy back my car and exchange it for the same or better), Fords are refusing to do that, and the dealers are saying that they can't make the figures add up to afford to do it either, which in a way I agree with the dealers as they just sold the car and didn't manufacture it.

[SA Gold]

Re: Fords

Hiya,

Is the motor dealer owned by Ford, or a private company?
If you have documented the faults, dates, what was done i would say your best bet is a strong letter to the dealer principle.

This isn't going to help but cars nowadays probably have more electronics in them than a living room and outside in all the weathers going! Imagine sticking your TV, or hi-fi in the garden all winter! The problem with a brand new model is the technicians are also new to them. They are often built on, or on top of existing products they are familiar with although new models often have quirks that take time to get to the bottom of. I am a time-served technician and often found it frustrating not having information or news to when the faults reported are going to have a hot-fix developed so to speak.
I worked for a main dealer owned by a french company <cough> and could remember when a certain model came out for sale and the parts department couldn't get brake pads for them!
Let us know how you get on/if you need any help but i can say from my experience that complaining in writing high up in the chain is the way forward.

Cheers
SA

[Never-In-Doubt]

Re: Fords

Ford don't own dealers mate. It's a franchise like Maccy D's. So you use the "Ford" name and get a subsidy / marketing / training etc but you're wholly independent.

Andrew deals with s.75. I'll text him for you (did you pay any on your credit card?)

[ATW]

Re: Fords

I think that your argument is with the dealer and not with Ford. The dealer sold you defective goods and your contract is with them. If you want to reject the goods i would do so without delay and refer to the dangerous problem such as not knowing what speed you are going at along with all the other problems. Delay in rejecting the car works in favour of the dealer. Arguably you could have a claim for loss of use each time it was off the road unless they provided you with a replacement.

It's not something I deal with often but the Sale of Good Act 1979 infers that the car will work properly. The Sale of Goods to Consumer regs 2003 may also assist- i will have to do a bit of reading on this but my consumer books are at home. It was defective within weeks of being bought so is deemed to be defective at the point of sale.

you have given them ample opportunity to fix the car but they don't seem able to do so. The dealer will have a contract with Ford and will be able to pass the problem down the line.

If you paid the deposit on credit or bought the whole car on credit and its value is less than £30,000.00 then s75 helps with misrepresentation or breach of contract too. getting your lender involved might be more powerful than doing it yourself but dont go getting yourself embroiled in a 16 year fight with them like Durkin did (incidentally i believe the judgment for that is tomorrow).

[jen_br]

Re: Fords

Hi What location as Ford themselves do own quite a few dealerships in house

[CleverClogs (RIP)]

Re: Fords

it was announced that the new Kuga was coming out so last May I ordered one for the 1st September

Was there any particular reason - such as liking the model name - why you wanted a Ford Cougar?

[Sapphire]

Re: Fords

Blimey, lots of replies, thank you so much everyone.

The deposit is the 'swap in' from my old car a 61 plate Focus plus £200 paid on my Visa Debit card, no credit cards involved I'm afraid.

I have managed to get hold of the email addresses and office addresses of the top man at Fords plus the top man at Essex Auto Group, plus the emails and addresses for Fords Customer Services at Daventry plus Fords Credit at St Albans, I also have the address of their head office at Warley which is not that far from me.

There is a Formal Complaint letter being written at this moment which will include all points (thank you Andrew) and is being checked for grammar etc by Amy, she's checked my letters for years now bless her.

Lastly, I had a call from the dealers at 5 ish to say that they are working on figures to exchange for the car of my choice, I've told them I want the same or better and am not prepared to part with any more money.

Thats it for now, thank you once again and I shall keep you all updated.

[Never-In-Doubt]

Re: Fords

Email me a copy; I'll run it past andrew for you

[Sapphire]

Re: Fords

Will do, thanks hun x