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returning a used car seems very grey....
Comments
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Lady_Alexiel wrote: »Oh ok, thank you I wasn't sure. Even wouldn't be part of the mot, I must admit it's not really making my experience with this car any better right now though.
Citizens advice gave a similair comment to yours about using the car, I had intended to stop using it when after I got back from work today, as I rang them on my break, whilst I was there. (I broke down on the way home)
A friend is lending me there car from tomorrow, untill I get this sorted. They have also advised me that under the sale of goods act having had a reasonable time to inspect my product, found it to be faulty when sold ( the EAC thing) I am within reasonable rights to ask for a resolution of an Exchange, Repair or Refund and that it is my choice and not the dealers. It's just how to get the dealer to do what he's supposed to thats the hard part.
In some respects i'm not really sure if i should be pleased of disapointed that the clutch issue turned out to be somthing the AA were able to fix at the side of the road for us. The clip that was holding the clutch cable and broken off.
After my discussion with citizens advice, it seems I now also need to contact VOSA as well. There looks like there is a possiblility that my car may not have been present at the gaurage for is MOT.
I was asked a bit about the MOT I got and when I looked at it in detail its turns out that the MOT certificate wasn't issued for the car until almost 30min after I was told my car was all done and dusted and ready to pick up and waiting for me at the dealership.
I got the call at 14:10 telling me i can collect any time, the certificate was issued at 14:35. When I got to the dealers ( at 15:00) I was told he did not have the MOT cetificate with him because in his rush to get the car back he forgot to pick it up and that he would post it to me (which to be fair he did). The gaurage is around 5 miles away from the dealer.
Don't get me wrong , i'm trying not to jump to conclusions, after all they may well have done the MOT and printed the certificate after the car had already been picked up by the dealer and being 5miles away there is also a possibility I guess they assumed I wouldnt come to collect straight away and rang me before it had left the garage, after all its only a 5 mile drive right?
However the car has a clean bill of health, no advisories nothing...given the age and mileage of the car it would be reasonable to expect at least one or two advisories....particulairy as one of my work friends showed me a way of testing the suspention when I said my car was bouncy (I just thought it was how the car was) when we pushed on the passenger side it bounced once...good an healthy so im told, when we pushed on the drivers side it bounced 3 times (big bounces to). Guess I know why its bouncy now. But this makes me a little more unsure of the MOT im pritty sure they check the suspention and even if it passed, surely there would be an advisory on somthing like that at least.
So I'm contacting VOSA tomorrow, it can't hurt to let them have a look at it and put my mind at ease if nothing else. Urgh this car is such a dam headache, I went with a dealer because I was warey of buying private, wish i'd just gone private like my last two cars now /sigh .
That's why I suggested taking it to a Ford dealer and getting a strict MOT done and a report on the faults.
Once you have that you can make an informed decision about whether you have anything worth contact VOSA about, whether there is any criminal conduct involved and whether the reasons you want to reject is valid and that's before you consider the advantages of having an independent viewpoint in case of later disputes0 -
That's why I suggested taking it to a Ford dealer and getting a strict MOT done and a report on the faults.
Once you have that you can make an informed decision about whether you have anything worth contact VOSA about, whether there is any criminal conduct involved and whether the reasons you want to reject is valid and that's before you consider the advantages of having an independent viewpoint in case of later disputes
I agree someone else should look at this car, the reason I'm concidering going straight to VOSA is that they will be happy to retest my car and inspect it without charge, and not throwing any more money than I have to at this thing is very apealing. It was yours as well as others advice that got me to look into getting it checked out by someone to start with. Thank you to both you and everyone else for that, I may not have looked into it otherwise.
As soon as I was able to get my car home (after the AA helped me out) I have arranged to borrow a friends car for a while so I can stop using this car all together. The only times I intend to drive this car would be to get it to and possible from VOSA or back to the dealer for a refund.
Because everyone has been really honest with there opinions (even those who disagree with how i've felt about all this, its helped me see another side to this). I wonder if I might impose on you again for your opinion on the letter I've drafted to send to the dealer. Citizens advice gave me a template, buts it's just that, so im a little unsure if its adequate. Id like to ask if you feel this letter is suitible:[FONT="](To)[FONT="]
[/FONT]
Plympton Car Center LTD
27-29 Market Road
Plymouth
Devon
PL7 1QW[/FONT]
[FONT="]
[/FONT]
[FONT="]22 August 2012[/FONT]
[FONT="]
[/FONT]
[FONT="]To whom it may concern[/FONT]
[FONT="]
[/FONT]
[FONT="]Complaint about faulty goods
[/FONT]
[FONT="][/FONT][FONT="][/FONT]
[FONT="]I bought a Ford Fusion 3 1.6 from you on Wednesday 15th August 2012 and Paid £2000 + £200 for an extended 12 month warranty.[/FONT]
[FONT="]Within a reasonable time for inspection, I now find the goods to be of unsatisfactory quality and have found the following faults:[/FONT]
[FONT="]
[/FONT]
[FONT="]*The Car suffered an EAC (Electronic Acceleration Control) Fault on Saturday 18th August 2012
*The clutch cable connection broke on Monday 20th August 2012.
*The suspension appears to provide an inadequate buffering effect.
*There is a very musty / Damp smell in the car, which was not evident at the time of my initial inspection due to a febreze air freshener being present in the car.[/FONT]
[FONT="]
[/FONT]
[FONT="]Under the Sale of Goods Act 1979 goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you provide me with a refund for my purchase.[/FONT]
[FONT="]
[/FONT]
[FONT="]I have enclosed a copy of the receipt in support of my claim.[/FONT]
[FONT="]
[/FONT]
[FONT="]Please respond within 14 days of receiving this letter (Wed 5th September 2012)[/FONT]
[FONT="]
[/FONT]
[FONT="]Yours faithfully
L*********[/FONT]0 -
seems fine but I'd still be taking it to a Ford dealer for an MOT & report0
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Lodge an inverted appeal with VOSA (ie: an appeal against the pass) on the basis that you've got grounds to believe the car wasn't present for the test. They won't charge you and they'll give it a fair MOT. If it fails on anything much more than blown bulbs then your case against the seller is pretty well cast iron.
Normally I'd suggest speaking to the dealer first (possibly using the MOT concerns as extra pressure) but seeing as he didn't give you any real chance to speak, no reason you should give him one. If the MOT is dodgy then selling them is liable to rain all sorts on nasties down on his head (and the MOT station that issued the ticket).
Incidentally, it's very unlikely that they "didn't print the ticket till later" because they couldn't start another test until they'd done so (computer say no) and not many places can afford to tie up test lanes like that!0 -
Thankyou, ill make a few calls and see what happens. And ill get this letter printed and sent recorded del i think. As im sure if i dont it would conveniently "never have arrived"0
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Have you taken the car to his repairer for inspection?
What was the result?
Why have you put his details on a website with your half-told story?0 -
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And would very neatly invalidate any VOSA retest.
Seems you forget to mention that, or do you want to repeat it your style?0
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