Problem with car on finance

shannianni

Hi, I purchased a car from a dealership in July 2020, the car had 6 months rac warrenty which ran out Jan 2021.
I paid 3000 on a debit card and 3000 in finance over 3 years, the problem is the car has now got an issue changing from 2nd to 3rd gear (auto gearbox, Ford focus 1.6, 11 reg) as its under a year since purchase can I get the dealership to sort the problem out.
We had took the car back after 1 month as it had juddering issues when pulling away and he sorted it then via a diagnostic tool.

Many thanks for your time reading my problem. 

neilmcl

shannianni said:

Hi, I purchased a car from a dealership in July 2020, the car had 6 months rac warrenty which ran out Jan 2021.
I paid 3000 on a debit card and 3000 in finance over 3 years, the problem is the car has now got an issue changing from 2nd to 3rd gear (auto gearbox, Ford focus 1.6, 11 reg) as its under a year since purchase can I get the dealership to sort the problem out.
We had took the car back after 1 month as it had juddering issues when pulling away and he sorted it then via a diagnostic tool.

Many thanks for your time reading my problem. 

What type of finance do you have or was it a bank loan?

Legally, after six month the onus will be on you to prove that any fault was present at the time you took delivery as well as bearing in mind that it's not unreasonable for a 10 year old car to have problems from time to time. Personally, I think you'll have difficulties getting the dealer to do anything about this.

User_101122

Pretty much what @neilmcl said.

 You will need to arrange for an independent inspection to take place at your own expense and there are no guarantees that they will say this was present at the point of purchase.

As it’s a fault that has only been noticed after a year, you’re going to have a job proving that this is not down to wear and tear.

shannianni

Hi all, we took the car back in November 2020 with gearbox juddering issues and they fixed the problem, the same guy looked at it Saturday 3rd April and said the auto clutch was slipping and I mentioned the issue we had with the gearbox in Nov, surely the problem started within the 6 months so they should pay,? the car is on Bank finance which I pay back santander each month

bris

Wear and tear is not covered at any point in time, it's not considered a fault, it's what happens over time and is the owners problem. 

Cars break down, are expensive to run and need constant maintenance, 10 year old cars are a risk, at that age the problems may very well just keep coming, it comes with the territory.

shannianni

But they sold a car which had a fault within 2 months, even after a rac complete examination when I got it, the same fault has got worse. I've read if the fault is within the 6 months the the seller and the finance company pays under the consumer rights act and the consumer contract regulation under section 75, buying with a credit or debit card i get more protection

flashg67

Is it the same fault though - I very much doubt that if the juddering 4 months ago was related to a slipping clutch, that you would have got another 4 months trouble free use out of it. If the clutch is slipping, this indicates wear and won't be covered. If the juddering disappeared for 4 months after they reset the gearbox ECU, it seems like an unrelated fault IMHO
You're going to have to prove the initial fault was related to the current fault, which would likely involve paying someone to remove/dismantle the gearbox anyway, which is the most expensive part of the job.
On a 10 year old car, I agree with  the other replies that you've not much chance
(BTW section 75 doesn't apply with debit cards or if the loan is just a personal loan that you happened to use to part finance a car)

MalMonroe

shannianni said:

But they sold a car which had a fault within 2 months, even after a rac complete examination when I got it, the same fault has got worse. I've read if the fault is within the 6 months the the seller and the finance company pays under the consumer rights act and the consumer contract regulation under section 75, buying with a credit or debit card i get more protection

Section 75 only applies to credit cards, not debit cards. However, chargeback applies to debit cards, some info in this link : https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback-abZ2d4z3nT8q

I think that a £6k total sum is far too much to pay for a car that doesn't work. This link contains more info from Which about your rights : https://www.which.co.uk/consumer-rights/advice/the-car-i-bought-has-a-problem-what-are-my-rights-aAnMC5b0ZzJb

Whether a car is new or used, when it's been sold for £6k it has to be 'fit for purpose' and it should last for longer than yours has. Has the dealer said they won't pay for a repair? They should pay, especially as things started going wrong after a month with the juddering. Seems like you've been sold a dud. Don't let them get away with it. 

shannianni

MalMonroe said:

shannianni said:

But they sold a car which had a fault within 2 months, even after a rac complete examination when I got it, the same fault has got worse. I've read if the fault is within the 6 months the the seller and the finance company pays under the consumer rights act and the consumer contract regulation under section 75, buying with a credit or debit card i get more protection

Section 75 only applies to credit cards, not debit cards. However, chargeback applies to debit cards, some info in this link : https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback-abZ2d4z3nT8q

I think that a £6k total sum is far too much to pay for a car that doesn't work. This link contains more info from Which about your rights : https://www.which.co.uk/consumer-rights/advice/the-car-i-bought-has-a-problem-what-are-my-rights-aAnMC5b0ZzJb

Whether a car is new or used, when it's been sold for £6k it has to be 'fit for purpose' and it should last for longer than yours has. Has the dealer said they won't pay for a repair? They should pay, especially as things started going wrong after a month with the juddering. Seems like you've been sold a dud. Don't let them get away with it. 

The guy that reset the gearbox originally via the diag tool took it for a test drive Saturday and said there was a problem, we heard what he said as the dash cam was on as he was driving, when I mentioned before he took it for a drive to the guy who sold it to us... "we brought this back to you in October 2020 with gearbox juddering issues" he said OK ok ok ummm and then walked away getting the mechanic to test drive, when the mechanic came back he said oh I will take your number and get a price, I'm waiting until he calls back to speak to the seller 

macman

You've had the car for 9m. What is the current mileage, and what was it at purchase date?
You cannot possibly expect a 10 year old vehicle to be maintenance-free.

shannianni

macman said:

You've had the car for 9m. What is the current mileage, and what was it at purchase date?
You cannot possibly expect a 10 year old vehicle to be maintenance-free.

The milage was 42,625 now its 46,342

its only used for the kids school and shopping and my wife who works 3 miles away 6 miles each day not including the above