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Hi ,I ws given the name of this forum by a friend who suggested people here may be able to help and offer advice ?
We bought a used car last week form a used car dealer ,a week to the day it developed starter problems( which point to a worse problem with the DMF ) . We tried straight away to contact the dealer ( sunday ) finally got hold of him today and he said the car was fine when he had it so we must have done something to it and he doesnt want to know
Why on earth would we do something to a new car we had just bought ,we really need it too ,picking up our caravan tomorrow
Anyway it also appears the car was advertised as being a 130bhp version ( which we needed ) and on talking to ford ,it turns out to be a 115bhp
I have a copy of the advert too
Where do we stand ,do we have a chance ?
We really cannot afford to lose this kind of money ,we are in bits ....3k may not be alot to some but it was all our savings
Thank you for any advice anyone can offer
If the car was advertised as a 130 and it's a 115 wotsits, then you can reject it as not as described, and ask for a full refund.
You MUST stop using the car if you haven't yet, write to the dealer and tell them that you are rejecting the car under SOGA 1979 as not as decribed, due to the 130/115 discrepancy, and if you had told them that it was for the caravan pulling, you could add not fit for the purpose which had been described (I'm assuming that it will make a difference to the pulling power or something?).
You then tell them that you await their proposal for collection of the car and expect the full refund to be processed at the same time, and that failure to do within 14 days of this letter so will result in you issuing a claim in the Small county court to force them to comply with your statutory rights.
Apologies to people who I was in the process of helping, I may be gone some time.
Just to emphasis the important points in the above Skatts.
Stop using the car. Write to them recorded delivery and tell them you are rejecting the car under the sale of goods act.
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thankyou
We have stopped using the car have typed up this letter ,is it ok ?
Copy 1 of 24/06/08
Dear Sir
Ford Mondeo Estate Reg. No.
I write to inform you that I formally reject the above vehicle persuant to The Sale Of Goods Act 1979 as not as
described and not fit for purpose
We purchased the car from you on the 14/06/08 .The Ford Mondeo Estate we purchased from you was described as
130bhp in the advert on auto trader ,on checking with Ford it appears that the car is only a 115bhp and is not suitable for our intended use.
Secondly, we have discovered the vehicle has a fault, (noises and problems starting ), which, given the low mileage since we
collected the car, must have been evident to you at the time of sale
I have been advised to contact you in this first instance with regards to this matter and to inform you that you are in
breach of the sales of goods act 1979 as the vehicle was not as described and is not fit for purpose.
The car is no longer being used and is ready to be returned for a full refund of price paid .
I look forward to hearing from you in the near future, at least within 14 days from the date of this letter,
after which time we will instigate proceedings via legal channels
Yours
on checking with Ford it appears that the car is only a 115bhp
No. Be sure of your facts. Either it is a 115 and therefore not as described or it's a 130 in which case they'll have a complete defence there.
I'd replace it with "Ford [insert name of Ford Dept you spoke to here] informs us that this car is a 115 bhp"... etc.
Secondly, we have discovered the vehicle has a fault, (noises and problems starting ), which, given the low mileage since we
collected the car, must have been evident to you at the time of sale
There's nothing evident about that at all, sorry. Cars develop faults all the time, fine one day, dead the next. You are making a huge assumption which you will have to prove if it goes to court. And what has low mileage got to do with the trader's knowledge or lack thereof anyway? :-?
That's why I made no reference to the fault in my previous post. Concentrate on the bhp as there can be no argument about that one (provided Ford did tell you that it was definitely a 115, you'd better double check with them that it can not be a 130 as it is what your case rests on and in fact, you want them to confirm it in writing).
If you want to assert the fault problems fromt he onset, I suggest you alter your sentence to something like:
"secondly, within x days of purchasing the car, it presented with x and x problems which would appear to be consistent with x damage, which I expect a reputable trader/mechanic would have known about..."
but you'll need to be sure that said problem is something ongoing, and I don't know enough about cars to advise you on that, so you'll have to make a judgment call on that one.
Apologies to people who I was in the process of helping, I may be gone some time.
thanks for the input ,it was just my poor wording ,im not very good at this
Ford have been fab and are forwarding me a print out of all the details they have on the vehicle and the fact that it is a 115 bhp
Am I best waiting ofr that letter and putting a copy in with my letter or best get the ball rolling straight away ?
Thanks
As I still havent heard anything back and the fact I have managed to track the guys home address down via planning applications on the net ,can I sent antoher letter to his home address too or even hand deliver it or would that be considered stalking ?
Actualy the way Im feeling I feel like setting up camp there !!!!
Thanks I kinda suspected it wasn't a 'sensible' thing to do but I am sooooo very tempted!!!
Will print out anotehr letter for his home address and post it on day 14 cheers
hi
Just got a text message saying to arrange to take the car back next week ( after tues ) for a full refund and to bring all paperwork
Great result!!
BUT
He seemed like such a cocky lil ike and so determined that we could ge do naughties to ourselves is there anything iffy I should be on the look out for please?
Ie ;rubber cheques ,do I need a reciept ? ect
Thank you dont know what I would have done without everyones advice
As for accepting a cheque that's up to you but I would insist on a same day TT into your account before releasing the car
Suggest phoning back & asking how the refund will be made then decide from there
Also the dealer might try & make deductions for fair wear & tear etc. In view of the problems you have had I wouldn't agree. Also I would take photo's of both the inside & outside & do a vehicle condition report. A hand drawn sketch of the car indicating any marks or blemishes & get them too sign
They would not accept a cheque from you in payment and let you have the until it had cleared, so do the same to them.
or get them to give a bankers draft or pay direct into your account.
or better still CASH!!
Please please please let us know once this is concluded, so many people never let us know the outcome! We don't get paid, so our payment is satisfaction of a job well done!!!
Apologies to people who I was in the process of helping, I may be gone some time.
Used car legal rights ?
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