X-reg used car bought from a dealer been faulty since buying.

[leespeds]

Hey guys i need advice.

 

here is the letter i have sent the company explaining all the problems.

 

 

I purchased a Ford Fiesta 1.8 Turbo Diesel (registration plate X621 BAF) from your garage on the 18th of August 2010 after paying a £100 pound deposit on the 13th of August 2010. I paid a total of £1450 for this car.

 

When I came to collect the car on the 18th of August 2010, I started the car and there was a loud squeaking noise coming from the engine bay. I was told it was nothing to worry about and that it was only the fan belt. I was advised a new fan belt would be ordered and that I would have to bring back the car (at my own expense) to have the fan belt replaced. The next day however the squeaking returned and over the next 2 months my car was in and out of your garage a further 3 times (all but one trip at my own expense). Each time for the same original problem, you had assured me every time it was ‘sorted’ with new belts, pulleys, tensioners as well as a new alternator fitted.

 

A few weeks after this I had a pipe burst leaking brake fluid all over our driveway badly marking it. So, at my own expense I took it to you to fix again, at this point I was reluctant to have it fixed and asked twice if I could return the car for a refund, as I had been in and out of the garage so much with on going faults in the short time since I purchased it. I was told this would not be possible and that you would fix it, which you did. 3 weeks later my car broke down whilst I was on my way to work, I called the RAC who informed me that the cars battery was faulty and could no longer be used. I had to buy a new battery and have it fitted for £101 again at my own expense.

 

Finally, on my way to work this morning the Fiesta made an awful noise accompanied by a bad smell and white smoke from inside the engine bay. For a second time I called the RAC who found that the auxiliary drive belt had been shredded, this belt had been replaced by your garage only 3 months ago as part of the ongoing squeaking problem. I was advised by the RAC that these belts rarely shred on their own, especially after only 3 months. I was advised that it was probably caused by an underlying problem that had been ongoing for sometime and would account for the original squeaking.

 

Today I telephoned your garage and spoke to Rob, I was told that you could repair it however you would charge me for it. I said I was unwilling to pay for any work as I have had so many ongoing issues with the car. I was then passed on to Stuart who told me that you would not pay for the work and that if I wanted to get trading standards involved I was free to do so, however if I did then you wouldn’t carry out any further work on the car whether I paid or not. I have since contacted Trading Standards who recommended that I write this letter.

 

I put it to you that the Ford Fiesta in question is not of a satisfactory quality and has not been since the purchase date. I therefore request that under the Sale of Goods Act 1979, I will return the car to your garage and that I receive a full refund of the £1450 paid for the car as is my right under the aforementioned act.

 

As I need a mode of transport for work I would request a speedy response to this letter as everyday from this date I will have to pay the train fair to and from Liskeard, so please could you reply within 7 days from the date of this letter.

 

 

I have since sent 3 letter almost exactly the same without reply, TS have now told me to send a letter before action. i know this is the last step before court action, however I don't want to go to court and incur those fees unless i can be sure i have a case.

 

Can you help?

 

cheers Lee

[sailor sam]

To be honest you should of took some kind of action after the first 3 times they attempted the repair. 5 months down the line is a little too long to reject although it may be possible providing you have enogh evidence that this has been an ongoing problem but at the end of the day it will be down to a DJ to decide. If you have written already stating that you wish to reject the car then I hope you havn't used it since. The dealer obviously isn't going to do any more without you exercising your rights under SOGA which you just about still have in place. It is clear that the car was not of satisfactory quality so it would appear your only option is to consider court action and the next step would be to send the LBA but only do so if you are prepared to go through with it. This is the link to use to commence a claim; https://www.moneyclaim.gov.uk/web/mcol/welcome i believe the initial fee is £30 but there may be additional costs if the case becomes 'problematic' and if hearing is necessary all of which you would get back if you win plus interest.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited January 26, 2011 by sailor sam
Signature not posting

[leespeds]

Thanks for your reply, this letter was actually posted on the 13th of december since which i have sent a further 2 letters of roughly the same wording with no reply. I have kept all postage receipts one of which was signed delivery so i know they have received at least. The garage refused to give me paper work on each of the "repairs" saying they didn't have any to give me. i have the paper work from the RAC though.

 

I haven't used the car since the 13th of December, and have had to put milage on our newer family car (56 plate focus) which had low milage and we wanted to keep that way! it now has an extra 500 odd miles on it now!

 

I should have, as you mentioned returned it earlier, I am sometimes to patient and trusting, i hoped they would rectify the problem. I have now however ran out of patients and faith in the car and i feel only a refund or a full repair by another indipendant garage (which they can pay for) would be the only solution.

 

I am just very concerned on spending money going to court and ending up paying a fortune and losing. I'm a new dad, a student nurse and my wife is about to lose her job in 2 months so money is very tight!

 

do you think its worthwhile sending the LBA?

[sailor sam]

From what you have said I think you have little choice as the garage appear to have taken the view that they have done enough. As I said previously (to which you seem to agree), I would of dealt with this at a much earlier stage as you have only a certian time (although it isn't actually specified under the SOGA) to reject a car. Its is left up to the judge whether it is reasonable or not and he will make an order accordingly. This is why evidence will be important as you would have to show that the problem is the same one through out and the seller has had sufficient opportunities to rectify without success. This then leaves little option but to order that the seller makes a full refund to you. The other option of course is to have it repaired elsewhere. Again, you run the risk of laying out that cost then attempting to recover it from the seller which could take months. However, i feel because of the time scale involved now, you would possibly be more successful in winning a claim for a repair as opposed to a full refund. Having said that, if the car has been off the road for a signifitant amount of time in the 5+ months since you bought it, then the judge may consider that you havn't had enough 'enjoyment' or benefit from it so an order for a refund would be appropiate. As you can see, it's a tough one to answer into what you avenue you should take. Perhaps another word to trading standards may be an idea before you make your mind up. Maybe others will also express an opinion as non of us like to see dealers ripping people off by selling dodgy motors and thinking they can get away with it.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited January 26, 2011 by sailor sam
signature not posting.

[Boro]

Can you send me the name of the garage by private message (unless you want to name them here) as i may be able to help you with some information

[gary2011]

Hi

Have you tried to contact the previous owner of the car to see if this fault was there when they sold the car? I have just been to court and won against a dealer.I bought a golf for £3000 and was told it was sold as seen so i didnt go back to him although the car had all sorts of problems.When things got worse i contacted the previous owner who told me that there was a major engine fault with the car when he sold it we could back this up by asking the garage he took it to for a copy of the invoice, we then had a diagnostic check which showed the same fault. he said he would do repair at my expense i had the car for nearly 4 months before sending the standard letters then started court proceedings this took from august to now to get to court for a mediation appt to try to settle and the actual hearing wouldnt be until march at the mediation appt the judge wiped the floor with him and he had to agree to refund they do look at the age and price of the car to decide what is reasonable .all i can say is do your homework see if you can find out if the fault was present when you bought it its to lengthy to go into here but if theres any help i might be able to give you p m me and i will give you my phone no look up the office of fair trading theres lots of info there telling traders what they are responsible for its very interesting its time we all took on these traders the dealer said after court peoples expectations are to high when buying from a trader so perhaps thats the answer dont buy from traders good luck carol

[tommy.king]

Hi

 

Your problem is bigger then you think and can be fixed for less then £100.

If your belt has shredded it appears that someone has bent a pully or over tightened the pully this repair will cost a new pully and belt.

The worst case senario is that the person who changed the timing belt damaged the main pully and made it wobbly, this is then causing the squeeking.

or the final explenation is that something connected is loose and shaking.

 

More then likly it is the fact that the garage havent followed torque settings and forced the pully into place.

Take it back to them and tell them to fix it for free. otherwise give it to another machanic and then take them to court with the other 2 receipts you have

 

I am sure when you buy a car from a dealer you have a cooling off period of 7 days.