Faulty Car Purchased Feb 2022, What Are My Rights?

MakingLifeMine

I purchased a Ford Kugu from a Ford Dealership last February.

In June (4 months after purchase), the engine warning light came on, and I could not drive the car. I took the car back to the dealership where I purchased the vehicle, and they said there was a misfire in a couple of cylinders, put it down to a wiring fault, and replaced four spark plugs.

4 months later (October), the engine warning light came back on, and apparently, it was the same issue (a misfire in the same cylinders). They took the car back in and reported that it was an issue with metal filings in the fuel tank. They replaced the fuel system and gave me back the car in February after doing nothing with the car for two months.

Now in May, the same issue occurred. I called their recovery company, who confirmed a misfire again.

I have not allowed anyone else to touch the car. The dealership conducted the service and MOT. I have only changed the tires from another garage, but everything else has only ever been handled by the dealership.

What are my rights here? I can not keep doing this, and I feel like there was an issue with the car from the start, but I am stuck and don't know what to do.

The second time there was an issue, I contacted my finance company, but they did not side with me, so I have no idea what to do.

m0bov

I don't think you can reject it, but its strange they have not changed the coil packs. All you can do is contact them again, maybe ask for it to be escalated. Can their senior tech look at it?

born_again

MakingLifeMine said:

I purchased a Ford Kugu from a Ford Dealership last February.

In June (4 months after purchase), the engine warning light came on, and I could not drive the car. I took the car back to the dealership where I purchased the vehicle, and they said there was a misfire in a couple of cylinders, put it down to a wiring fault, and replaced four spark plugs.

4 months later (October), the engine warning light came back on, and apparently, it was the same issue (a misfire in the same cylinders). They took the car back in and reported that it was an issue with metal filings in the fuel tank. They replaced the fuel system and gave me back the car in February after doing nothing with the car for two months.

Now in May, the same issue occurred. I called their recovery company, who confirmed a misfire again.

I have not allowed anyone else to touch the car. The dealership conducted the service and MOT. I have only changed the tires from another garage, but everything else has only ever been handled by the dealership.

What are my rights here? I can not keep doing this, and I feel like there was an issue with the car from the start, but I am stuck and don't know what to do.

The second time there was an issue, I contacted my finance company, but they did not side with me, so I have no idea what to do.

New, or used.
If used what sort of age & mileage.

MakingLifeMine

m0bov said:

I don't think you can reject it, but its strange they have not changed the coil packs. All you can do is contact them again, maybe ask for it to be escalated. Can their senior tech look at it?

apparently their senior tech was on the case after my case had been escalated when they had done nothing with the car for 2 months

born_again said:

MakingLifeMine said:

I purchased a Ford Kugu from a Ford Dealership last February.

In June (4 months after purchase), the engine warning light came on, and I could not drive the car. I took the car back to the dealership where I purchased the vehicle, and they said there was a misfire in a couple of cylinders, put it down to a wiring fault, and replaced four spark plugs.

4 months later (October), the engine warning light came back on, and apparently, it was the same issue (a misfire in the same cylinders). They took the car back in and reported that it was an issue with metal filings in the fuel tank. They replaced the fuel system and gave me back the car in February after doing nothing with the car for two months.

Now in May, the same issue occurred. I called their recovery company, who confirmed a misfire again.

I have not allowed anyone else to touch the car. The dealership conducted the service and MOT. I have only changed the tires from another garage, but everything else has only ever been handled by the dealership.

What are my rights here? I can not keep doing this, and I feel like there was an issue with the car from the start, but I am stuck and don't know what to do.

The second time there was an issue, I contacted my finance company, but they did not side with me, so I have no idea what to do.

New, or used.
If used what sort of age & mileage.

Used, 2018, around 32,000 miles on it.

MakingLifeMine

Update on this.

The dealer have seen that I have given them 2 chances to fix this and the same issue keeps coming up and have asked me for a settlement figure.

My issue is now that they have admitted this on the phone but seem to be playing word games via email. The finance company needs the dealership to accept my rejection via email under the consumer rights act but they seem to do it indirectly. So they emailed me back talking about the repayment options and how much they pay out being dependent on the current value of the car.

But they won't outright say via email that they accept my rejection.

What can I do in this case?

born_again

MakingLifeMine said:

Update on this.

The dealer have seen that I have given them 2 chances to fix this and the same issue keeps coming up and have asked me for a settlement figure.

My issue is now that they have admitted this on the phone but seem to be playing word games via email. The finance company needs the dealership to accept my rejection via email under the consumer rights act but they seem to do it indirectly. So they emailed me back talking about the repayment options and how much they pay out being dependent on the current value of the car.

But they won't outright say via email that they accept my rejection.

What can I do in this case?

Go back to finance co & cite that you are claiming under S75 CCA. Assuming this is not a bank loan.
They are jointly liable for this. As such they can deal with the case.

MakingLifeMine

Go back to finance co & cite that you are claiming under S75 CCA. Assuming this is not a bank loan.
They are jointly liable for this. As such they can deal with the case.

This is where the finance company is now being silly. I did not mention S75 CCA, so I will do that in my next email to them.

They are saying that they won't do anything until I get proof from a 3rd party garage that the fault was there at the time of purchase. I told them that this is the same issue that was there four months before the purchase, which I reported immediately, but they said they need to do this to remain neutral. 

It seems everyone is trying to send me around in circles.

born_again

If they want a report then you will have to get one, but you will be refunded for it as part of the S75 claim.

Grumpy_chap

MakingLifeMine said:

Update on this.

The dealer have seen that I have given them 2 chances to fix this and the same issue keeps coming up and have asked me for a settlement figure.

My issue is now that they have admitted this on the phone but seem to be playing word games via email. The finance company needs the dealership to accept my rejection via email under the consumer rights act but they seem to do it indirectly. So they emailed me back talking about the repayment options and how much they pay out being dependent on the current value of the car.

But they won't outright say via email that they accept my rejection.

What can I do in this case?

How critical is it that they accept your "rejection"?

You have had the car for more than a year, so any rejection of the car will result in a refund less an adjustment for the value of beneficial use you have had from the car (time and mileage).

How much did you pay for the car?
How much is the original dealer now willing to give you and take the car back?
Are you satisfied with that figure?

As a check, how much would you get if you simply sold the car to WBAC / Motorway / Arnold Clark / Cazoo / etc?

Whatever the legal rights and wrongs of things, getting hung up on "rejection" can be obstructive to actually resolving the matter.  Does it really make any difference, so long as the amount of money you get is acceptable, whether the garage call it "rejection", "refund", "cash-4-car", "goodwill measure", "happy sunny June day offer" or anything else?

MakingLifeMine

Grumpy_chap said:

MakingLifeMine said:

Update on this.

The dealer have seen that I have given them 2 chances to fix this and the same issue keeps coming up and have asked me for a settlement figure.

My issue is now that they have admitted this on the phone but seem to be playing word games via email. The finance company needs the dealership to accept my rejection via email under the consumer rights act but they seem to do it indirectly. So they emailed me back talking about the repayment options and how much they pay out being dependent on the current value of the car.

But they won't outright say via email that they accept my rejection.

What can I do in this case?

How critical is it that they accept your "rejection"?

You have had the car for more than a year, so any rejection of the car will result in a refund less an adjustment for the value of beneficial use you have had from the car (time and mileage).

How much did you pay for the car?
How much is the original dealer now willing to give you and take the car back?
Are you satisfied with that figure?

As a check, how much would you get if you simply sold the car to WBAC / Motorway / Arnold Clark / Cazoo / etc?

Whatever the legal rights and wrongs of things, getting hung up on "rejection" can be obstructive to actually resolving the matter.  Does it really make any difference, so long as the amount of money you get is acceptable, whether the garage call it "rejection", "refund", "cash-4-car", "goodwill measure", "happy sunny June day offer" or anything else?

It's not critical to me but to the finance company.

I was happy to send a settlement figure, but the finance company said not do it that way. They insisted the dealership put it in writing to confirm they reject the car so that I can also get a refund vs being in negative equity.

Then they also do not need a report if they do this.

At this point, a refund is not a breaking point, I want to stop paying for a car that breaks down every 3 to 4 months. This would be the ultimate win, but I am being told that I have to work together with the finance company and this is what they are requesting.

powerful_Rogue

Why can't you get a settlement figure from the finance company, then put that figure forward to ford?