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Mis sold & vehicle rejection refused!!


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Hi

 

I’m having a nightmare with a new van I bought, its a long story but I hope you can help me out!

 

Ok so I bought a new Transit Custom Sport Limited for around £25,188 on September 1st 2016 with finance lease purchase from Lombard, I’m the only owner on the V5 and it’s not listed as an import.

 

I found a dealer selling these vans and that could get them for the new registration 1/9/16 as Ford’s waiting period was too long.

 

The deal all went through and I picked the van up on 1/9/16 no worries.

 

Around 4 days later I discovered the van didn’t have DAB, so I contacted the dealer and asked the question, this was on a Saturday so he said he’d let me know on Monday. He phoned me back around 10 minutes later and said, the company had said they think they put the wrong head unit in it but would find out.

 

The following week the dealer phoned me and told me the van doesn’t have DAB as it’s an import!!!!

I since then found out that it only has a two year warranty as opposed to Ford UK’s three year warranty! And also doesn’t have an ECO button either!

 

The dealer lied and said that I was informed it was an import which is a total lie as I bought this van for my business and cover around 25000 miles per year, so I would NOT of accepted paying the going rate for a top of the range van that is imported and only comes with a 2 year warranty!

 

Iv’e explained to the dealer that I was not informed and he states I was, yet this guy is not the guy I dealt with! He claims he told me, yet the first time I spoke to this guy was when I phoned and asked if they could get a tow bar fitted form for collection as the original salesman was on holiday.

 

I have the advertisement screenshots of the van for sale and it doesn’t state it’s an import, I have all the emails from both parties conversations, prior to purchase and ongoing to prove I’ve never been told it’s an import!

 

They told me they were going to have DAB fitted in it for me but they kept putting me off, I then started having some issues with the van and they told me to take it to Ford as they cover the warranty.

 

I took the van to Ford and they informed me it was an import and not a Ford UK vehicle and it only had a 2 year warranty.

 

I then spoke to trading standards and they said it’s up to the dealer and the financier to sort it out as the financier technically miss sold me the vehicle! As it’s an import and this was not stated in the sale?

Anyway they have been trying to get a resolution and got the dealer to offer a third year warranty and DAB sorted, but this is not happening and the dealer keeps saying he’s sorting it but 5 months down the line is not on.

Lombard asked me would if I would accept the third year warranty and DAB, I reluctantly agreed and stated the fact that when I go to sell the van I will lose money on it as it’s not the same spec as a UK model.

However the DAB keeps being knocked back buy the dealer and Lombard can’t get hold of them etc etc..

 

While all this has been going my van has been back to Ford another two times now for electrical issues, the last time it was in last week they wanted to keep it for 4 days to try and get to the bottom of the electrical issues.

I said ok but I need a courtesy vehicle and they said ok they’ll check with warranties and get back to me.

They phoned me back and said warranties would not supply a courtesy vehicle as it’s not a Ford UK van and that the warranty is different!! There words were “ warranties have completely washed their hands of it"

 

At this point I emailed Lombard and said I don’t want the vehicle anymore and want to return it and have my deposit returned and my agreement canceled as I’ve been miss sold this vehicle. They responded and said they will need to contact their legal dept, that was a week ago and I emailed them again and the resonse was," I have had to refer to our legal department to ensure whatever information or advice I give you is correct. I will come back to you before Close of Business on Thursday”

 

My van has been back to Ford for the faults listed below.

 

Paint peeling off the rear parking sensor

Reversing lines have disappeared from the reverse camera.

The Air Conditioning won’t come on sometimes (I drove to the service dept and got them to come out and see for themselves one time)

The heater not working and unable to direct it in other directions like clearing my windscreen

A message has appeared twice on the dash telling me my van needs it’s oil changing, once at around 2500 miles and again at around 10000 miles

 

The above is ongoing and they want the van for 4 days to a week to investigate further but are not prepared to give me a courtesy vehicle and stated that the investigation work may not be covered!!

 

I need to use the vehicle daily as it’s my business, where can I go with this now?

 

I’ve been miss sold a vehicle as it wasn’t stated anywhere it was an import and then the ongoing issues mean I can reject the vehicle?

 

The dealer won't accept the rejection but will buy the vehicle back at £21.600, Lombard said they would accept that and refund me all my payments made and my deposit.

 

The dealer had the van collected yesterday and has changed his offer to £20.400 because of excessive wear to the tyres!! The vehicle has done 14000 miles since I statered this trying to get the issue sorted ores out so it's bound to have wear!! He was given the mileage to value the vehicle so this should of been factored in?!

 

Anyway Lombard will not accept this offer and said they will go back to him and tell them they want more, if he declines they said there is nothing more they can do and I will have to have the vehicle returned!!!

 

They say they are only helping me as I'm a customer, they said they carried out HPI on the van and have done nothing wrong and it's not there issue!

 

Where the hell do I go with this now if/when the dealer won't re up his offer??

 

Thanks and sorry it was a long one 😢

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Who is the dealer?

 

In my own opinion, it was a mistake to accept the deal with the extra year warranty and the DAB as you have effectively accepted that it is an import – with whatever other baggage might come along with it.

 

You didn't need to 30 warranty. You are more than adequately protected by the ordinary consumer legislation – The Consumer Rights Act 2015.

 

Luckily for you, you seem to have another opportunity to get shot of it and get yourself a proper dealer. The CRA entitles you to a limited right to reject the vehicle if there are any issues with it in the first six months. If you bought it on 1 September then you have just a few more days to take advantage of this.

 

Write a clear unequivocal letter to the dealer send it by ordinary post and also by recorded delivery post and also by email – so that there is no mistake. List out the defects and tell him that he has an opportunity to repair them all and if the repairs do not work then you are rejecting the van and you want a refund. Tell him also that if you do not hear from him within a reasonable time – seven days that also you will consider that the van is rejected and that you will be looking for your refund.

 

I'm very disappointed at the response you seem to have heard from Trading Standards – although I'm amazed that you managed to get hold of them and get a response from at all. How did you do that?

Anyway they are completely wrong and they should have informed you of your consumer rights.

You should come here first – always. You've been a member with us since 2010 and you should know that by now

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Who is the dealer?

 

In my own opinion, it was a mistake to accept the deal with the extra year warranty and the DAB as you have effectively accepted that it is an import – with whatever other baggage might come along with it.

 

You didn't need to 30 warranty. You are more than adequately protected by the ordinary consumer legislation – The Consumer Rights Act 2015.

 

Luckily for you, you seem to have another opportunity to get shot of it and get yourself a proper dealer. The CRA entitles you to a limited right to reject the vehicle if there are any issues with it in the first six months. If you bought it on 1 September then you have just a few more days to take advantage of this.

 

Write a clear unequivocal letter to the dealer send it by ordinary post and also by recorded delivery post and also by email – so that there is no mistake. List out the defects and tell him that he has an opportunity to repair them all and if the repairs do not work then you are rejecting the van and you want a refund. Tell him also that if you do not hear from him within a reasonable time – seven days that also you will consider that the van is rejected and that you will be looking for your refund.

 

I'm very disappointed at the response you seem to have heard from Trading Standards – although I'm amazed that you managed to get hold of them and get a response from at all. How did you do that?

Anyway they are completely wrong and they should have informed you of your consumer rights.

You should come here first – always. You've been a member with us since 2010 and you should know that by now

 

 

Thanks for the reply.

 

I've told Lombard that in rejecting the vehicle already!

 

They have just called me and said that the dealer offered a fair price for the van so they will only pay £2500 towards winding the deal up and want me to pay £2500!!!!

 

Now where do I stand??

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Also Lombard have said that it is nothing to do with them now and that the Sale of Goods Act does not cover me as I bought the vehicle through my Limited company!

 

He said I don't have the same rights as i'm limited?

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