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Hi all, Dean here.. a newbie to the forum looking for a bit of advice/help!

 

Two weeks ago i bought a 2009 Focus from Evans Halshaw and dropped it off last night to have a few issues looked at. The main been the throttle, in that it's sensitivity seems to vary with no apparent reason and that over the weekend i completely lost throttle response on three separate occasions.

 

When i spoke to the garage yesterday, it was strongly advised that the car is towed in

as if anything was to happen they could be held liable.

 

here's where my problem begins.

 

Today i get a phone call to say that there is nothing wrong with the throttle and the technicians can't find a fault.

 

I explained that the car now spends 95% of it's time on motorways getting to work

and back and i didn't feel safe with a car that seems to slowly but surely be loosing it's throttle functionality.

 

I mentioned that i've spoken to someone who works at Ford and i've read online that the likely culprit is the throttle position sensor,

but they're response to this was 'that doesn't matter, we need to diagnose the fault

and as far as we're concerned there isn't one'.

 

When i mentioned the safety aspect of me driving the car in and having to have it towed because they would be liable,

apparently that advice 'came from their call center and not the dealership'.

 

The car is now sat in their compound with me unwilling to pick it up and them unwilling to admit there is an issue.

 

I understand that ideally they need to see the problem in action,

but there is no particular circumstances to 'make' it happen.

 

What if it does it again on the A1(M) in traffic while i'm trying to overtake in bad weather..

bit extreme i know but not unlikely.

 

I've spoken to the finance company who are now going to get involved, but is there anything else i can do?

 

Many thanks!!

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Anybody? The dealers are now wanting me to collect the car minus repairs for this fault. I've been in touch with the finance company yesterdat, but as of yet i've had no word from anyone..

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That's the thing blacknight, Ford have confirmed that the throttle position sensor wouldnt bring up a fault code.. So if i'm getting the fault and the garage can't replicate it and won't take my/Ford's advice, what can i do.

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You could try finding an independent mechanic/garage (ideally family member or friend or contact of as they might go the extra mile) who would be willing to spend time with the car and diagnose the fault. If they could, then get such a diagnosis in writing and present it to them.

 

If they maintained their stance that they must find the fault etc, then request a repair under S.14 of SOGA which is not subject to the terms of the garage and its policy.

 

Thinking about it, under S.48 of SOGA, a fault that occurs within 6 months of delivery of goods to the buyer is taken to have been there from day one unless the dealer can prove otherwise. Presumably they would seek to do so with paperwork of pre-delivery checks.

 

If you had the aforementioned diagnosis then you have serious weight behind any argument and could write to them informing them that you plan to go through the small claims court. KEEP EVERYTHING IN WRITING. Massively important to do that. Recorded mail to prove they received it. They can change their story if you relied on phone conversations.

 

Please read this topic in its entirety and my input on page 2 of it might be useful to you: http://www.consumeractiongroup.co.uk/forum/showthread.php?395811-Had-car-for-2-hours-and-it-broke(1-Viewing)-nbsp

LL.B (Hons) - University of Derby

 

'real world' legal and retail experience too

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Thanks for replying!

 

I spoke to the finance company yesterday who advised that at this stage it's best if i try and deal with the dealer directly and once three attempts have been made to fix the issue, to contact them again.

 

Afterwards i called the garage to find out when i can collect the car, as on Tuesday they advised that it was ready (minus repairs for the throttle issue). After a long wait they called back and advised that they have a part on order which they expect to be delivered and fitted today. I've got no idea what this part is and because i was at work i didnt really have the opportunity to question it any further..

 

So, i'm guessing that they will give me some sort of paperwork to show what work has been done. It just seems strange that suddenly another part has been ordered.. maybe this is something to do with the email i sent to Pendragon PLC on Tuesday night explaining the situation (although i've not personally heard anything from them)!

Edited by skematicgnu84
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