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Flyyyte

Refund of monies re car 'unfit for purpose'? Advice appreciated. Evans Halshaw

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Help appreciated from wiser heads on here than mine will ever be . . .

 

At the beginning of last month, June 2015, a friend of mine purchased a 37-month-old Ford Focus 1.6 diesel from one of the Northeast branches of the Evans Halshaw group. He px'd his existing car and paid a cash difference of several £000s. The Focus being a month out of manufacturer's warranty wasn't particularly troubling as the car came with a full service history and Evans Halshaw's 3-month parts and labour guarantee.

 

At completion of the transaction, my friend drove his newly acquired Focus the 60-odd miles to his home. Next morning, he drove the car a short distance for an equally short time before it broke down. He contacted the dealership and it arranged to come and take the Focus away for repair.

 

The car was collected next day. No word was heard from the dealership in the following week and it was only when my friend telephoned to find out how the repair was going that he was told 'we haven't had time to look at your car yet.' So much for week 1.

The week after that -- 2 weeks after the transaction -- he was told the fault was a fuel filter which had now been fixed. His car was ready for him to collect. He pointed out that he had no car to go the 60 miles to the dealership so asked for his car to be returned to him. The dealership was manifestly reluctant to do so but three days later, brought the car back. Next morning, my friend drove the Focus for a short time and over a short distance and it broke down again.

 

The car was taken back by Evans Halshaw to be repaired again. My friend was told that a part was awaited. It's now 3 weeks after the date of transaction.

 

My friend told Evans Halshaw it was his belief that he had been sold a product not fit for purpose and should have his money back. He had given the dealership the opportunity to fix the car but it had failed to do so. He was incurring extra costs and going to no little effort and inconvenience as a result. Evans Halshaw told him it wouldn't take long to fix the Focus and they would provide him with a loan car for a few days. This turned out to be a 3-cylinder Vauxhall Corsa, significantly smaller than his own former vehicle as well as the vehicle he had purchased but was unable to use.

 

With the Focus still unrepaired by Evans Halshaw, my friend complained to the dealership last week -- that is, 4 weeks after the date of transaction --about its refusal to refund his money and its failure to repair his car. He pointed out that he has a longstanding booking of a fortnight's family holiday in Cornwall, commencing next week. The Corsa is entirely unable to accommodate himself, his family and his luggage and seems hopelessly underpowered for a round trip of 600 miles or more.

 

Today, Tuesday July 7 2015 is now 5 weeks from the date of the purchase transaction. The Ford Focus is still not repaired. Evans Halshaw is making great play of the fact that it isn't actually charging my friend a penny for the work (work that failed in the first place; work that hasn't even been done since then.) It is steadfastly refusing to refund his money, that is, to restore him to the financial state he was in prior to purchasing the car. Evans Halshaw continues to be unable to repair the car, saying it is *still* waiting for a part to come in. It seems markedly disinclined to even discuss the issue of the 3-cylinder Corsa loan car.

Question 1: what rights under consumer protection legislation might my friend specifically exercise by way of bringing pressure to bear on this dealership to give him his money back / return him to the financial state he was in prior to the transaction? (NOTE: the dealership claims it sold his PX the day after the transaction. Presumably, it went into the trade. It seems highly likely to have been retailed out in so short a time.)

 

Question 2: what complaint process should my friend be following here? He has lost all faith in this dealership so should he be taking it up at a higher corporate level at Evans Halshaw?(Not sure where to start with that one though.)

Question 3: is there a 'professional body' to whom he can file a complaint about what has happened / is happening here?

 

In summary: it is now 5 weeks since the transaction occurred and he does not have the car he purchased, does not want the loan car the dealership persuaded him into accepting, and having given the dealership every opportunity to repair what is, after all, just a Ford motor car, not some exotic beastie for which spare parts are hard to get, believes he is entitled to say that the car he was sold was not fit for purpose then, is self-evidently not fit for purpose even now, and he should have his money back. Now.

Any thoughts? Thanks.

Edited by Flyyyte
wrong font

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Rejection must be done in writing. He must write to EH with details of the car and his complaint and say that he is formally rejecting the car under the SOGA 1974 (as amended) for a full refund to include the trade price they got for his car or the amount they allowed in px whichever is the higher.

 

Send it by recorded delivery.

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Sincere thanks, Conniff -- much appreciated! All best: Flyyyte.

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Is that letter in the post Flyyte ?

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