Rejecting a new vehicle

jkevin

Hi,
I wonder if someone here can tell me what our rights are re a new van my wife recently purchased.


First some background.


New Ford van purchased on 2nd August. On drive home both Electronic Stability Control (ESC) and Hill Start Assist (HSA) warning lights illuminated. Switched off the engine and all ok on restart.
On 8th August van was returned to dealer to fit reversing sensors. On drive home both ESC and HSA warning lights illuminated again.
I phoned the garage on the following day and was informed it could be due to van having been on ramps and to keep an eye on the situation.


This happened another two times before the end of August so van was booked in to dealer to investigate. Dealer suspected it was due to a problem with brakes and we were told it was now resolved.


Two days later problem returned. Van booked into dealer again. That was the last we saw of it for nearly 6 weeks as they said it was an issue with the ABS system and the parts were on 'back order'.


Van returned to us on 22nd October.



9th November both warning lights illuminate again. My wife wasn't far from the dealer so drove there and they 'recalibrated' the system.


20th November, yes you've guessed it, both warning lights come on again.


Van taken into dealer. Where it remains. They say they've obtained a fault code but only Ford can decipher it and as yet nothing back from Ford.


They have given us a courtesy van but it's a worry driving what is basically a hire car.


We have emailed Ford Customer relations department and copied in the garage saying that we believe we are within our rights to reject the van as not fit for purpose and are entitled to a refund. However we've indicated we don't want to go down that route we just want a replacement van to the same spec.


I think that we're ok to do that under Sale of Goods Act 1979 and Consumer Rights Act 2015. But I'm no expert so could someone let me know what are our options here.


Thanks in advance,


Kevin

Deanston

jkevin wrote: »

Hi,
I wonder if someone here can tell me what our rights are re a new van my wife recently purchased.


First some background.


New Ford van purchased on 2nd August. On drive home both Electronic Stability Control (ESC) and Hill Start Assist (HSA) warning lights illuminated. Switched off the engine and all ok on restart.
On 8th August van was returned to dealer to fit reversing sensors. On drive home both ESC and HSA warning lights illuminated again.
I phoned the garage on the following day and was informed it could be due to van having been on ramps and to keep an eye on the situation.


This happened another two times before the end of August so van was booked in to dealer to investigate. Dealer suspected it was due to a problem with brakes and we were told it was now resolved.


Two days later problem returned. Van booked into dealer again. That was the last we saw of it for nearly 6 weeks as they said it was an issue with the ABS system and the parts were on 'back order'.


Van returned to us on 22nd October.



9th November both warning lights illuminate again. My wife wasn't far from the dealer so drove there and they 'recalibrated' the system.


20th November, yes you've guessed it, both warning lights come on again.


Van taken into dealer. Where it remains. They say they've obtained a fault code but only Ford can decipher it and as yet nothing back from Ford.


They have given us a courtesy van but it's a worry driving what is basically a hire car.


We have emailed Ford Customer relations department and copied in the garage saying that we believe we are within our rights to reject the van as not fit for purpose and are entitled to a refund. However we've indicated we don't want to go down that route we just want a replacement van to the same spec.


I think that we're ok to do that under Sale of Goods Act 1979 and Consumer Rights Act 2015. But I'm no expert so could someone let me know what are our options here.


Thanks in advance,


Kevin

Consumer Rights Act replaced the Sale of Goods Act.

Your biggest battle is convincing them you're a consumer.

What are the terms of your contract?

Hermione_Granger

Deanston wrote: »

Consumer Rights Act replaced the Sale of Goods Act.

Not totally. The CRA only covers B2C contracts.
The SOGA is still an active piece of legislation and if the OP purchased the van in a business transaction then the SOGA is the legislation that is relevant for them.

jkevin

We didn't purchase the van for business use. It's for personal use only. We have big dogs and we needed a van to carry all three comfortably.


Does that make a difference?

DoaM

jkevin wrote: »

Does that make a difference?

It does ... but it depends if the seller understood that they were selling to a consumer and not a business.

davidwood681

Ford now make some of the worst vans on the road.

The French now do a better job and have for a long time

atrixblue.-MFR-.

davidwood681 wrote: »

Ford now make some of the worst vans on the road.

The French now do a better job and have for a long time

:rotfl:I can believe you said that on an open forum:rotfl: