new car problems. advice needed

  whatsupdoc 13:25 29 Dec 04
Locked

i bought a new car on 11-12-04 from ford and through the motability scheme.
the same day the car broke down and all power was lost as it was the engine management system that shut everything down inc the radio elec windows etc, and was collected the next day by the supplying garage. they reset the compuetr and we collected it and got 1 mile from the garage only fot it to happen again. they have now had the car since the 15th december and seem to be in no rush to find the fault. they agreed to one last repair and they would replace the car. good news i thought but since they have had the car nearly 2 weeks and they wont give a timeframe as to when i'll get it back and what i really want is to walk away from the contract but motability wont give any advice and i thought as they were the finance company they have some obligation.
i know this is off topic but if anyone can point me in the right direction ie another forum for this sort of thing i would be very greatful

regards ann

  TBH1 14:44 29 Dec 04

Ann - first port of call should be Citizen Advice Bureau. Good luck

  Thatslife 14:52 29 Dec 04

If the fault keeps reoccurring you do not have to accept the car back from Ford and you are entitled to any money back.

Happened to a friend with his StreetKA. Same problem kept happening. He got a law book from the library and it gave him a few pointers. In the end as he gave Ford plenty of opportunity to fix the problem and it wasn't, he sent a letter to CEO of For UK informing them he wasn't prepared to accept the car back. To cut a long story short he got his cash back.

Hope this helps.

  bfoc 19:08 29 Dec 04

That you:

Write a letter to the dealer you bought the car from pointing out that you agreed to final repair to sort the matter, that the car has NEVER worked properly and that it is particularly vital to you that it does work correctly as it was bought with Motability. I would then make clear that you are giving them one week from receipt of the letter to hand over a car with no faults, which is your legal entitlement. If they are unable/unwilling to do this then you will reject the car and demand your full monies back. It would be worth pointing out that in the event of any other serious fault occurring you reserve the right to reject the vehicle.

Put 'Without Prejudice' at the top of your letter, send it by recorded delivery to the Head Office of the garage concerned and also send another copy by recorded delivery to Motability pointing out that as the provider of finance you believe they may be jointly liable. (Liability would depend on the precise details).

Make sure you keep a copy of the letter.

Hope it works out!

Autoexpress....

They may be able to help you out in some way shape or form...

  spuds 19:40 29 Dec 04

If you have signed a finance contract with Mobility, then inform them of the problems that you are having with the car and the repairing agent.

Under the finance consumer laws you have a safeguard called Equal Liability-Section 75 of the Consumer Credit Act 1974. Under this Act, the finance company have an equal obligation to sort out the problems.So put the ball into their court. If Mobility are the actual financers, and are registered with the Office Of Fair Trading as such, then they are the people to inform. If Mobility are not the actual finance provider, then contact the company that gave you the agreement.

  Colin 11:30 30 Dec 04

I am surprised that Motability won't help you. Have you been provided with a loan car? As you have financed the car through Motability, it is they, not the garage you should be dealing with. I manage a large public sector car fleet and any problems like this are dealt with by the leasing company, Motability in your case, without you having to get involved with the garage direct. I suggest that you contact Motability again and if they are of no help, tell us what they said to you.

  Forum Editor 11:56 30 Dec 04

and the important thing is to act rapidly. Send a letter to the garage telling them that you are rejecting the vehicle as 'not fit' under the terms of the Sale of Goods and supply of services act 1980.

You have the right to reject the car, but you can weaken your case if you delay. Tell the garage that you have given them one opportunity to rectify the fault, and that they have failed to do so. Say that you reserve your rights in law, but that you are prepared to accept the vehicle provided the garage undertakes to return it to you, fully working, within 7days. Say that your acceptance will be conditional on the garage giving an undertaking that there will be no loss of warranty rights, and that the warranty will run from the date of return of the vehicle in perfect working order.

It's important to notify Motability of your actions, so send them a copy of the letter with a covering note. Tell them that if you don't receive satisfaction from the garage within 7 days you will look to Motability to resolve the matter with the garage as they are bound to do under section 75 of the Consumer Credit act of 1974.

  whatsupdoc 12:58 30 Dec 04

thanks for all advice..ive talked to the garage today and theyve told me that they cannot do anything until the 4th of jan. theyve replaced a wiring loom full cluster unit and a multi plug, the manager took it out for a run for 30 miles,it was fine. then they let it cool down then went to take it back out again and guess what? it broke down again. they are looking towards a buy back? but that could take weeks and i would have to talk to the motability specialist because they cannot find another car of my spec.do i agree to have another car or do i take my money and go somewhere else? i just dont want motability saying that im a problem customer and that they will not let me have another car. im in the process of writing letters to the garage and motability.

  Jackcoms 14:40 30 Dec 04

And the lesson from all this?

Buy a VW next time. ;-)

  Forum Editor 14:51 30 Dec 04

or at least whoever paid the garage is. Whether you agree to have another car or a full refund is up to you of course. Personally I would think it might be worth waiting for a new vehicle - have they told you hopw long it will take?

It's probably best to wait until 4th January, when everyone will go back to work - I'm sure that the garage will come up with another car.

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