Car broke down 4 days after purchase, I want my money back!!

[Bexter83]

Hi. Is there anyone out there who can help??

 

I bought a 55 reg Ford Mondeo LX diesel from a second hand dealer. The next day black smoke started coming out when i put my foot on the accelarator. 4 days after purchase we took the car out for a drive on the motorway for the first time and the glow plug warning light came on, we lost power but managed to limp off of the motorway, lots and lots of steam started coming out of the back and we broke down on a busy A-road with my young baby in the back. We had to be towed home by RAC. As it was a sunday afternoon we had to wait until the next morning to contact the dealer, her told us to contact the warrenty co and they told us to take it into a garage for a diagnostic my dad towed me to a local Ford dealership. Ford diagnosed the problem a a worn turbo and possible further engine damage which couldn't be determined until the turbo had been fixed. The warrenty co had rejected the claim because Ford have said it's clearly an existing condition (have this in writing form the warrenty co and Ford will be providing us a diagnostic report stating that it's an existing condition). We've spoken to Consumer Direct for advice and told the dealer we want to reject the car and have a refund (either my old car returned plus the £950 we paid on top, or else the total cost of the Mondeo, £3250). He told us that because he's being, in his words, "helpful" in trying to get the car fixed (which he's not, he's just trying to push the warrenty co to pay so he doesn't have to) that he doesn't have to give us a refund. We've put in in writing to him that we want a refund and are now playing the waiting game.

 

Can anyone give any advice please? As I've said I have a young baby at home and being without a car is very stressfull. I just feel like we've been conned.

[postggj]

How long has it now been since the break down

[raydetinu]

I would say you can reject the car under SOGA and you put this in writing to the dealer and do not accept a repair.

Any HP involved, inform them as well if it is.

[sailor sam]

The warranty is irrelevant here. You claim ia against the seller and as already pointed out, you should reject but you will need to put it in writing and send by recorded delivery. Come back if you need further help.

[Jeepstar]

You must first give him a chance to repair the car for you. You cannot automatically reject the car. You can expect a loan car while yours is being repaired. Most reputable traders will do this for you.

[sailor sam]

You must first give him a chance to repair the car for you. You cannot automatically reject the car. You can expect a loan car while yours is being repaired. Most reputable traders will do this for you.

 

Yet again duff advice.

 

The car obviously has a major mechanical problem which, after just 4 days of ownership, is rejectable. However, yes, the OP could demand a repair if he so chooses but from his description, I would advise he rejects.

 

Consult Trading Standards for clarification of the SOGA OP to clarify the advice given in posts 3 & 4.

[heliosuk]

Here we go again!!!!!!!!!

 

Need the Dragon on this one me thinks!!

 

Warranty will not be valid as there is usually a delay between point of sale and when it comes into affect. And.......the warranty is not a warranty but an insurance policy sold as a warranty. The two are disticntly different.

 

Something again the OFT needs to clamp down on.

[Jeepstar]

Sam you will find the period of time at which point a person can reject a car has not been dictated in law. For instance the car may of travelled 500 miles in that 4 days. The seller may well agree to refund but could argue that in 500 miles the OP had opportunity to discover any major faults. But it is a grey area as to specifics in law and does need clearer guidance from SOGA.

[Dragons Dennis]

Need the Dragon on this one me thinks!!

 

 

You called?

 

Car was faulty at point of sale. Reject the car under the sale of goods act. Car is not fit for purpose bought. Ideally get the car back onto their premises and hand them the keys. Make an exact note of the time and date and ideally take a witness with you.

 

Having done that, give him 14 days to refund your money in full making it clear that are rejecting the car and will not accept a repair. Mark your letter 'Letter before action'.

 

If you don't receive your refund or a promise of such within 14 days, issue a CC summons immediately.

[Bexter83]

Hi , thanks for all the responses!

 

I like Dragons suggestion but unfortunatley the car isn't roadworthy and it's a bit of a distance (7 miles)to go on tow, especially as I found it so scary being on tow just the short distance to the Ford garage! In answer to some of the questions and comments, it was the first time I'd driven the car any distance and even then I didn't get all that far, probably got 40 miles before breaking down. Before that I'd only used it to pop to supermarket 2 miles away, that sort of short trip. There is no HP. I have sent him a letter by recorded delivery saying I reject and want a full refund and am waiting for a response.

 

The car broke down on 8th May. I've been on a website called "Sale of Goods Act Hub" and now have a better understanding of consumer law. A lot of people have said that he probably think he can bully me because I'm a woman but I'm going to hold my ground! Just hoping this is all sorted out before out holiday which we need a car for, otherwise will have to hire a car.

[sailor sam]

If the car is un-driveable, did you indicate this in your rejection letter? I would of put something like; 'it is available to collect at your conveinence'. After all, if they had sold it correctly, it wouldn't of been un-driveable now would it?

 

If you do find yourself hiring a car, you may be able to claim the cost back under 'consiquentail losses' should you have to take the matter to court.

[aradam]

I bought a steal towing bar at Halfords, it cost about £30 but it is yours and works brilliantly, I keep it in the car for emergencies.