Please help I think I need to go to court

[joejo]

I bought a car 1st April. Part of purchase agreement was to fit new cambelt mot and service. Went to collect car told no cambelt as it wasnt required. After alot of argueing they fitted one. Gave me new Mot. Stamped service history book with full 60,000 mile service.

From day one there was a hesistation, hiccup on the engine and a burning smell.

It then broke down. Went back for plugs coil and ht leads. told they couldnt find problem with hiccup or burning but would probably be ok.

Spend weeks trying to obtain proof of cambelt after 8 weeks finally got invoice which stated aftersales service ie oilchange. Not full service. The dealer denied ever having saying he would service even though he stamped service history.

In the meantime the car has been back another couple of times for hiccup and burning smell. I was told that I am a woman driver and the hiccup was bumps in the road and that I was imagining burning smell.

With trading standards intervention they did a full 60,000 mile service. mechanic said the burning smell was the pollen filter and that the hiccup had been correct by fuel additives and servicing.

Next day the car was no different.

the car has been back 4 times.

I wrote to both finance company and trader saying that I was going to get an indepedant report done and would get back to them. the finance company acknowledged my letter the dealer ignored me.

The result of the report is the hiccuping is caused by incorrectly fitted cambelt. the burning smell is the clutch.

I have two issues. The mechanic is not employed by the dealer but one which they sub their work to. When the mechanic did the full service he attached a service check list to the invoice, admittedly the items are not ticked off but it is there on headed paper and the mechanic told me that he had checked all items on the list. One of them being the clutch.

He also said it had been plugged into diagnostic computer and didnt show any faults.

Another time it went back to a different mechanic and they said they couldnt find a fault but fitted a cam shaft sensor. Not sure why?

I have written again to dealer and finance company with two estimates to correct the misfitted cam belt and fit a new clutch. Both faults have been present since the first week I bought the car which was at the beggining of April. The estimate from Ford is near £1000 and from a local garage £600. The letters went off 2 weeks ago and they have both been ignored.

I feel I have a strong case but what do I do now

Joejo

[raydetinu]

First I would contact the HP co and tell them are responsible with the dealer to put problem right or you will take them and the dealer to court.
If it really is problem with the cambelt I would get that done straight away to avoid any damage to the engine.
Now also write to the dealer, but this time that under SOGA they must put it right or you will get another garage to do it and then go to court to get the them to reimburse you the costs and your time and expenses and give them 14 days to respond. Send copy to HP co. they really shoould put pressure on the dealer as well, as it is their car.

[LancerQRL]

what vehicle is it and the age? most fords have the cam belt changed at around 100,000 miles and it would usually have major services at 37,500 and 75,000 miles, the others are just an oil and filter change.

[joejo]

Thank you both for responding. I will try to answer both.

I have written to both the finance company and dealer. I have told them that they are jointly responsibly under consumer credit act and soga. I have provided them with estimates and they are both ignoring me as they did when I told them I was going to another garage. What I really want to know is whether I have a strong enough case to go to court. As the repair is so much if I am going to be lumbered with it all I dont need the court costs as well. The pleasure of buying a new car has been ruined as I have had it for 6 months and been fighting since day one. I had decided to drop the case until I found out that the fault was caused by them.

As far as the cam belt fitting and servicing. It is a Ford Puma. Ford changed the guidelines on the 1.7 VCT engine to 5years or 60000 miles. Also they recommend a full service at 60000. I have this information in writing from Ford.

[bristolbear37]

Hi Joejo

I have been going through similar so know how your going to be feeling - I bought a car that was less than 2 years old in March 08. The vehicle was fitted with LPG which I was told was factory fitted and fully covered under warranty.

Within days I was having problems where the engine would just switch off if coming to a stop or revs dropping for the first 5-10 minutes after not being driven for a few hours. There is no power in the vehicle and if doing 70mph and come to slight incline the speed drops and then the engine cuts out.

The Car went to 3 vauxhall main dealers who could not identify the problem but pointed at LPG which they would not deal with, it turns out it was not factory fitted and was not under warranty, one vauxhall dealer actually stated it voided my vauxhall warranty.

Anyway - I went through a very long battle to try and get this resolved and ended up taking the matter to court, GE solicitors hav been a nightmare to deal with and were late submiting defence therefore I was awarded judgement by default.

The solicitors appealed this which was thrown out by the judge on 19/09 with the finance agreement being voided and costs to be awarded, we were instructed to settle the matter before the proposed hearing on 10/11 or a judge would award the costs.

I thouht that was the end of it until this morning when I received a pack from the solicitors advising that they are requesting permission to appeal the judges decision.

I am not sure what happens next but will seek further advice on Monday and post more - I would say get as much information in writing as you can, I dealt with most of mine by email so have that as evidence.

Do not let this matter go on to long - write to the Finance company advising that if not resolved within 7 days you will take legal action against them.

I got telephone legal advice from Which and its been useful - 6 mths membership was about £13.

If i can help with anything - please ask and I will do my best to help although no expert I have spent a lot of time researching this.

[aj84]

Just to go off a bit... did Which also do the court/legal side of things too?
I'm at a point where my case needs to go to court in that all the relevant patience, letters, time has passed including the LBA

But I have not got a clue on how to now proceed with court

I dont mind taking this off-air if this means hijacking this thread

[joejo]

I dont have any idea how to deal with this through court but I will if I have to.

Bristolbear - you refered to GE solicitors. Do you mean GE Money? Thats who I'm with as well. I thought I was protected buying from a Dealer but the law seems to be very ambiguous.

aj84 hopefully you wont have to go off air. I think we all need to have as much help and knowledge as possible.

We have a solicitor in our area who offers free 20 minutes advice. I have an appointment but not until week wednesday, they are in great demand.

[bristolbear37]

Apologies for the delay in replying..

Which is only a telephone advice service and you speak to someone different each time so you have to constantly explain your story but for just general advice on how to go about things they are helpful and can tell you what to write or say. I have dealt with all the court stuff myself..if you have specific questions I will help where I can.

Joejo..yes it is GE Money who my higher purchase is with - basically they own the car this way and you lease it from them until its paid in full. They have a responsibility as well as the dealer who provided the vehicle, it can be difficult dealing with them as they are sat in the middle and get two different stories.

Again - if there are things you want to know fire away and I will try and help where I can.

I would suggest speaking with your local Consumer Standards and get advice - depending on time scales there may be different options.

Hope these replies help in some way