Two major faults within 6 months

[borisbeaver]

Bought a 56 plate fiesta diesel 14th July. 2016

 

First problem we had was the alternator failed. The dealer replaced it within a couple of days.

 

Now we have a more serious problem where it appears that the ECU has failed.

 

This was reported to them on the 18th November and they collected it on the 21st November.

 

The car is still with them and were being fobbed off with excuses.

 

I remember seeing something on CAG saying that any fault found within 6 months of purhcase is deemed to be there at the point of purchase and the dealer is responsible for the repairs. Is this still the case?

 

When they come back with it finally repaired and they want to charge me, I will pay it to get the car back, but can I then start a small claims to reclaim the cost. We're also having to hire a car for the weekend.

 

Boris

[BankFodder]

Before 30 days you are entitled to reject the car out of hand if there is a defect. Between 30 days and six months, you're quite right that there is an assumption that the defect was there at the time of sale but also you have to do give the seller at least one opportunity to repair. If the repair fails or if they are unable to repair your then entitled to a refund or replacement – the refund would be reduced to reflect any benefit that you've had from the contract.

 

If they are repairing the ECU, then they are within their rights to do so and you would be obliged to accept the repaired vehicle. If you have been put to any expense such as car hire during the period repairs then I would expect you to be able to claim that back.

 

I don't understand why they would repair it and then attempt to charge you? Have they intimated that this is what they are going to do?

[borisbeaver]

When I asked them how much the reply "We'll keep it a low as possible".

 

At the end of the day, I just want my car back. I have mobility issues and need a vehicle to get around in.

 

If they insist on charging us, I will pay it, but will follow it up with a small claims action.

[BankFodder]

Yes absolutely. I suggest that when you pay them, that you drop them a note saying that you're not happy about paying and that you consider that under consumer law, the vehicle should have been repaired free of charge.

 

I think that it is worth making this clear so it doesn't complicate matters when you issue a claim against them.

 

After that, if they do charge you then I suggest that you take the vehicle away and you write them a letter immediately explaining that as they should realise, you only agreed to pay the bill because you have mobility issues and you need the car and you wanted to get it without complications. However, it is clear that the car was not of satisfactory quality and that under the Consumer Rights Act 2015, they were responsible for all defects which might appear in the vehicle over a reasonable period of time and you therefore want the refund of your money. Tell them that if they will not refund the money within 14 days that you will issue proceedings in the Small Claims Court and without any further notice.

 

If you don't get your money back then let us know and we will help you.

[borisbeaver]

Interesting turn of events. The garage that I purchased the car from has come back to me saying they can't find where the fault is. It's now gone to the Ford dealer for them to have a look at at their cost. I will keep hold of the text message stating this.

[borisbeaver]

Just had the Ford dealer on the phone.

 

The ABS unit was disconnected and the power control unit couldn't be seen by the diagnostics. They've said the the power control unit is £1000+vat alone to replace let alone the cost of labour, so it's really un-economical to repair. The car cost us £1895 when we bought it on the 14th July.

 

The ford dealers were very helpful and pointed us to the which.co.uk page regarding the six month limit.

 

Now trying to get hold of the dealer to talk this over, but he's a bit of a pimpernel.

 

Next steps??

[borisbeaver]

Original Garage asked us what we wanted to do. I said either £1500 to take into account the four months we had driven it or a replacement car to the same specification. We've given them until Friday to come back with a response.

 

On a more serious note, it appears that the failed attempts to rectify it themselves have caused even more damaged. The ford dealer has said that the ABS warning light had been removed. Looks like a deliberate attempt to hide an ABS fault.