Returning a car to Ford

NiceGuyG

Hi all i stared this somewhere else on the fourm but think it belongs here; (heven knows how you move it??)

http://forums.moneysavingexpert.com/showthread.html?t=327920

Hi all,

My friend (And I do me my friend) just purchased a 2002 Ford Fiesta 1.4 zetec for £5000 from Ford and because his credit rating is so bad he is paying £9000 total after 4 years.

Personally I think that’s a rip of and he went against my opinion and bought the thing today without test driving it. This was at 1800 hours. I asked for a contract that my friend signed for the credit agreement but the Ford dealer refused to give one, stating that the loan company will send one in the post.

When he got it home, we went for a drive. I discovered two things during this little horror ride.

1) My friend is 6.4” tall and thus has difficulty with the peddles (mainl the break)
2) Something is wrong with the car as it sounds like its in 2nd gear when doing 70mph even though I switched the engine off.

My friend wants to return the car. Is this possible as it was from a main Ford dealer?


My friend did not put down any deposit and his credit rating already sucks.

I suggested leaving it on the Ford forecourt, dropping off the keys with a “nice but no thanks note” and walking away.

Is there a more civilised route??

Any advice welcome

Thanks

G.l

NiceGuyG

So I went to Ford with my mate. The below letter is what I am sending;

---

Dear Sir

Regarding our conversation at approx 1750 hours this evening in your office regarding the car I took delivery for on 13th December 2006, A Sliver Ford Fiesta Zetec 1.4 .

First of all let me begin by categorically stating that this letter is not prelude to pending court action nor should it be perceived as a threat of such action. This letter is only to outline my position and touch on some of the points we agreed on this evening during our productive conversation.

As we discussed when signing the hire purchase agreement ,on 08/12/2006 your sales advisor Bev (Bevinder I believe) informed me that my first payment would be approx £190.00 with subsequent payments at approx £140.00 for the reminder of the 47 months with a base rate of 8.9%. Unfortunately I am not fluent in the understanding of such agreements and signed the agreement on what Bev said. I asked for a copy of my signed agreement so that I could read it but was informed by Bev that Ford do not provide copies of agreements and that Black Horse Finance (the loan company) would be sending me my copy in the post.

On 13/12/2006 at approx 1420 hours I received a call from black Horse Finance confirming the loan details. They informed me that I would have to pay £190.92 for the duration of the loan contrary to what Bev had informed me and for what I had signed.

Later that evening I attended your show room for vehicle collection with a friend; Gaurav [ME], I once again asked Bev for a copy of my agreement and he again informed me that I could not have a copy as it was not company policy. I raised my concerns over the monthly payment instalment and Bev informed me that he would look into it and that its possible that Black Horse may have made a mistake.

Still unclear over the terms, Bev asked you to explain to me exactly what happens in 6 months time which you did. After you left us I once again asked for a copy of the agreement and was once again informed that I am not entitled to a copy.

On collection of the vehicle at approx 1730 hours on 13/12/2006 it was dark and thus I did not have the opportunity to conduct a full inspection. My friend who was driving behind me did note that the rear off-side brake light was not working. In the car I noticed a number of fittings either missing or fitted incorrectly. On the journey home I noticed a noise from the rear of the car which could only be described as travelling at 80mph in 2nd gear. During day light inspection I noticed several dents and paint mark dis-colourations. Further to this I found it dangerous to drive the vehicle owing insufficient leg room.

This morning I contacted your show room and raised all these issues and was advised to come in. At approx 1700 hours Myself and Gaurav came to your show room and spoke to Bev. I informed him that I was not happy with the vehicle owing to the faults I had found and my leg space. I was also not happy with the £190.92 rate I was paying. I asked Bev for a copy of my contract informing him that I had spoken to trading standards who had advised re my right to a copy. Bev informed me that it was not policy however he could arrange for a copy to be collected on 15/12/2006. I queried why I would have to come back as some paper work must still be in your dealership. Bev stated that he personally bound all the paper work and sent it off and thus no paperwork was in at location, after I collected the car on 13/12/2006. Shortly following this Bev spoke to one of your mechanics and informed me “The car is not road worthy, the mechanic has also found a problem, its something to do with the rear wheels, the revs are too high”. To be honest I was unsure what Bev was talking about as I am somewhat mechanically inept however was not happy with the car. I informed Bev that I no longer wanted the car and was returning it to your dealership. Bev collected the key from me. As I was trying other cars to find a more suitable sized car you approached me and informed me that it was not possible to cancel. Admittedly you spent a great deal of time with me trying to help me find a suitable sized car for which I was grateful.

I believe it speaks volumes about your customer service when a manger is willing to take the time to help me. I was truly grateful. I was still very concerned over what I had been informed at the time of signing and for what I had actually signed. I was also upset by the fact that I had still not received a copy of my signed agreement. These issues where address by yourself, both promptly and efficiently. You went to the back and within seconds I had my agreement in my hand, even though Bev had stated that no paperwork was in your office. You then called me, Gaurav and Bev into your office to discuss how we could all move forward from this point and Gaurav raised the issue of me being misinformed. You asked Bev to clarify what he informed me at the time of signing the contract. Bev admitted that he had informed me that first payment was £190 approx with subsequently payments of £140 approx per month. You informed Bev these figures where different to the figures on the agreement. You then confirmed with Bev that on Friday when I was signing my contract, that the figures that Bev gave me were different to the ones I was signing for, which he confirmed. You informed Bev that you would speak to him about this issue later and at that point Bev left your office. Gaurav then said to you “Steve I just want to confirm with you so it is clear in my head what Bev has Just said. Bev has just confirmed with you that he mis-informed Gary about how much he would be paying and the interest rate when Gary was signing”. You replied “Yes” and nodded your head.

I think we have built up a good relationship and you could see that this entire episode was stressing me out. You calmed me down, were patient and understanding. You informed me that you would speak to the dealership manger and try to help me which I really appreciate.

I took the liberty of speaking to a legal advisor who advised that I put down in writing, what has occurred thus far.

As mentioned, I returned the vehicle as I was unhappy with it owing to it not being of satisfactory quality, this is under Supply of goods Implied Terms Act 1973. I am also aware under hire purchase that I, the consumer have the right to reject goods owing to the vehicle which on this occasion I have done. I have not authorised any repairs to be conducted on the vehicle. Further to this I believe I was grossly mis-informed which directly resulted in my decision to sign the contract.

You took the time and effort to work out what I would have to pay to assist me and we reached a figure of approx £1500 however I believe you are all too aware that it’s impossible for me to pay this off.

You have suggested that I come in on Saturday to discuss this matter further which I will be happy to do.

---

Would anyone know if my friend has a leg to stand on??

Cheers.

jonesMUFCforever

War and Peace or what.
Do it again cut out the rubbish stick to the facts and make sure it's no more than say a dozen lines. If I was reading that it would be in the bin by the second paragraph.

NiceGuyG

cheers, I am on it. I thought I went on a bit.

rrwfotr

Is there not a 14 day cooling off period for loans etc? So you can go back with in the 14th day's to cancel the policy?

NiceGuyG

no. The dealer said there is no such thing on hire purchase.

Cumbrian_Male

not for contracts signed on trade premises.

Hippo

So let me get this right.

Your friend bought a car on HP without test driving it.

Now they have had a change of mind.

Talk to the dealer and try and sort something out, but it's going to cost.

NiceGuyG

My mate is a mug!. It makes me mad. What about the fact that the sales gave messed hiom around on the contract?

NiceGuyG

Welcome Hippo and thank you for honering me with your first post! ;-)

wireframe_2

Firstly, let me say this:

Confuscious say: Man who buy car without first test driving it, he be a bit of a knob.

Secondly, The deal you signed you were misinformed about, they lied about your repayments. You can say you wouldn't have signed if you'd have known, and thats that. You can return goods if they are of unsatisfactory quality, or not fit for purpose, and they said themselves this car was shafted. Tell them you were unhappy with the level of service they supplied (they may have been friendly, but that was to get your money. Their service on the car was shat. No rear light, and its forked. The mechanic said it himself). Say this experience has tainted you, and you would like to withdraw from this sale, as you were misinformed from start to finish. IT MAY BE BENEFICIAL TO BRING A LWAYER WITH YOU, IF YOU CAN GET ONE AND THEY AGREE that you are not legally bound by this agreement.

The dealership wont be happy, they're about to lose a sale, but screw them, thats not your problem. They lied from start to finish, and would have been happy for you to drive this deathtrap until it killed you.
Hows that for service?:j