Faulty Car Purchased Feb 2022, What Are My Rights?

MakingLifeMine

I already did! I just haven't sent it yet because the finance company said not to.

Grumpy_chap

powerful_Rogue said:

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

Depending upon the original total price paid, original deposit, amount of capital paid down in the year of ownership, simply "rejecting" or returning the car for whatever the remaining finance settlement figure is may not be an appropriate calculation.

MakingLifeMine

I thought I would come on here and update my post as I usually want to know how situations end for other people.

So after the finance company refused my rejection in January, May, and August, I referred my case to the financial ombudsman service. The financial ombudsman service has upheld my complaint and requested that my contract be unwound, my credit rectified and compensation be awarded.

I am now waiting to see if the finance company will challenge this so it's not quite over just yet.

What's sad is that when I was gathering evidence for the financial ombudsman service, the dealership accidentally sent me evidence that proved that the car had inherent faults days before my purchase. So I was literally paying for a faulty car and I won't see a penny of that back.

Grumpy_chap

Thanks for updating, OP.

When you say you won't get back any of what you were paying for, won't that be resolved once the contract is all unwound as per the ombudsman?

MakingLifeMine

Grumpy_chap said:

Thanks for updating, OP.

When you say you won't get back any of what you were paying for, won't that be resolved once the contract is all unwound as per the ombudsman?

The case manager said unwinding the contract just means that there will be nothing further to pay, but not that I will get any of my payments back, so from my interpretation, this means that I will not be owed any of my repayments back.

Grumpy_chap

MakingLifeMine said:

The case manager said unwinding the contract just means that there will be nothing further to pay, but not that I will get any of my payments back, so from my interpretation, this means that I will not be owed any of my repayments back.

Oh - that seems odd.

Hopefully there are others that can advise on what "unwinding the contract" means.
To me, as a lay person, it means to put you back in the position you would have been otherwise (which would need some adjustment relating to the beneficial use you have gained from the car).
Don't rely on my lay thoughts, await a person that is knowledgeable and experienced to comment.

molerat

Out of interest what engine ?

Was it using any water ?

MakingLifeMine

molerat said:

Out of interest what engine ?

Was it using any water ?

I don't know what engine. I just know it is a 2018 model. According to the Kuga forums, this model is known to have inherent faults. it's the same issue every single time. To be honest, when it went wrong each time, I did not notice whether it was using more water than usual. This is a question someone else had asked me.

I haven't really been using the car since it went wrong in May of this year as I knew I was rejecting it. I just moved it around for parking purposes. 

MakingLifeMine

Grumpy_chap said:

MakingLifeMine said:

The case manager said unwinding the contract just means that there will be nothing further to pay, but not that I will get any of my payments back, so from my interpretation, this means that I will not be owed any of my repayments back.

Oh - that seems odd.

Hopefully there are others that can advise on what "unwinding the contract" means.
To me, as a lay person, it means to put you back in the position you would have been otherwise (which would need some adjustment relating to the beneficial use you have gained from the car).
Don't rely on my lay thoughts, await a person that is knowledgeable and experienced to comment.

This is what I assumed too but by her response, this is not true. I sure do hope I am wrong.

MakingLifeMine

molerat said:

I did not notice whether it was using more water than usual

More water than usual means any water !

If the 1.5 the classic symptom is misfiring on 1&2 and using water.  Takes 5 minutes to confirm the fault by looking into No1 cylinder with a probe to see if it is clean, steam cleaned by the water.  Next stop is engine failure.  In USA, after they were taken to court,  Ford replace either the full or short engine depending on how bad the failure is, I believe Australia are the same. Ford Europe deny there is any problem but can be persuaded to offer a large contribution.  Caused by a design flaw in the wall between 1 & 2 cylinders.

In my case, it's cylinder 3. Always cylinder 3.

On Jan 22 - this was prior to me purchasing. It was cylinder 3 (spark plugs changed). They accidentally revealed this to me.

On June 22 - it was cylinders 2&3 (spark plugs changed). This was 4 months after the purchase

On October 22 - it was cylinder 3 (fuel system changed), The car was not used between November and to beginning of Feb as it was in repairs all this time

On May 23 - it was cylinder 3 (spark plugs changed), and it wasn't used between May - September. I was told I had to pick up the car from the dealership so drove it back home in September.

November 23 - misfire cylinder 3. It has not been repaired as I am going through the rejection process. Car has only been moved around for parking purposes.

Yet the dealership insists there are no inherent faults and the finance company insists it's wear and tear