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Do I have the right for a refund within 6 months for a car?
aidysproule
Posts: 3 Newbie
in Motoring
Ok, hello everyone, this is a long one, here goes.
Car was bought 2nd hand from dealer on 10th July 2025.
On Sun 20th July I got an alert from the FordPass app for a 'Service Engine Soon Warning'.
Called dealer on Tue 22nd July and explained the message and they (sales rep) said it was the DPS and needed replaced. He said he would order on and it would be here in 2 weeks.
Around this time, I noticed the car revving very high when changing gears.
Called on Thu 7th August to see if the part was in yet but was told it wasn't in yet. Said about the revving and was told it would be looked at when in for the DPS replacement.
Kept calling to get updates for part but each time I was told it was still on order and coming out of Germany.
At one point I called and the person I spoke to didn't know about the replacement DPS and I said the other rep had ordered it, to which I was told that he didn't work there anymore and that he hadn't ordered the part (and that he didn't do a lot of other stuff he was suppose to), and that they would order it.
During this time the revving was getting more noticeable when the car was changing gears going from a standing start on level ground.
On Thu 27th November the car was finally into the garage to get the DPS replaced and was told it would take a day and to have it in early. Later that day I called to see if it was ready and was told that it was going to take longer the mechanics didn't realise the AWS (All Wheel Drive) had to be removed. This ran into Tue 2nd December when I finally collected the car.
Got home that evening ok and didn't drive the car until the evening of Wed 3rd Dec, and while trying to drive forward after being stopped in traffic in the town the car revved up to 4000 revs before moving very slowly but the revs were very high before moving into the next gear, managed to get home. The car was parked in the yard until the evening of Thu 4th Dec and I tried to drive up the slope out of the yard the car couldn't get up it. I reversed back onto the level and managed to limp the car forward to where I park the car which was a distance of 10meters.
Called the dealer on Mon 8th Dec, explained the situation and they were to get back to me that day. No call back and called again on Tue 9th Dec, was told that a mechanic would need to go to look at it but it would be Mon 15th Dec before someone would get out.
Called on Monday 15th Dec to see when they would be out to look at the car, and the person went to check with the mechanic, was told that they were 2x mechanics down and that no one was coming to look at it. Told that I had to get it up to the dealer myself, told them I couldn't as it wasn't drivable. Person said they would check and let me know. Called back and spoke to a different person explained the conversations so far this day, who said they would get it logged to Ford to have it picked up. The other person then phoned back and said that I should get my breakdown cover from my insurance to pick it up but I rejected that as it would impact my insurance at the next renewal, they then said to just pay to have it brought up but I said was not paying for it as it was clearly faulty after from coming out of the garage and that the car was still under warranty. At this point I said that my next option is to request a refund and to give the car back, the person said within my rights, and I said I would call in the morning to request this.
On Tue 16th Dec at 10:09 I called and requested a refund. The person said they weren't the right person to deal with it but they would get the manager to call me. No call back so phoned again at 15:10 and was put through to the branch manager. Explained the situation and requested a refund. He point blank refused the refund. I said that as I'm within the 6 month period under the Consumer Rights Act that I would be entitled to a refund, he again point blank refused the refund and said it doesn't matter if I quote legal documents to him I'm not getting a refund and that he can read stuff on Google as well but he does this day in and day out and that he knows what he's doing and that I'm not getting a refund.
He said the only way this is getting sorted is that the car needs to be brought in and get looked at in the garage as the DPS was probably the cause. I explain that this was already replaced and that the AWS had to come out and since then the car was worst. He said that they put it on the computer and look at it. I said ok, what's the next steps. He said he would have someone to come down and collect the car on Wed 17th Dec and they would look at it.
Who's right?
2
Comments
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I believe under the CRA within the first 30 days you can push for a refund if the vehicle in this case isn't fit for purpose, after the first 30 days but within 6 months the burden of proof is on the vendor to ascertain that any fault that occurs within this timeframe wasn't present in the car when it was purchased.
They have to be given the opportunity to repair the fault if they couldn't prove that the fault wasn't down to general wear or tear or how it was driven by the buyer.
In your case I have to profess haven't read through your extensive post but they have to be given the opportunity to repair the fault.
You mention about breakdown and recovery costs which I don't believe the garage is liable for so you will have to swallow the cost of recovering the car to the vendors garage if that was the case. Which is why I'm very conscious of buying a car from a garage hundreds of miles away as if something goes wrong then the cost will be on you getting it transported to them to attempt a repair.0 -
Is it a Ford dealer?
If yes I would have been calling Ford customer service long before now.
I got very poor service from a Ford dealer with in an hour of contacting Ford dealer was on phone could I bring my Ford down for immediate attention.0 -
Under the Consumer Rights Act 2015, faults appearing within six months are presumed present at sale. You are entitled to a repair or replacement, and if that fails or is mishandled, a final right to reject for a refund. An initial fault arose within days, the dealer delayed unreasonably, then carried out a repair that made the car materially worse and undriveable. That constitutes a failed repair under the Consumer Rights Act 2015, triggering the right to reject.
OP needs to put everything in writing. Phone calls create no reliable audit trail. A formal written notice asserting the final right to reject under the Consumer Rights Act 2015 fixes the legal position, starts the clock, and prevents the dealer reframing events later. If bought on credit card over £100, Section 75 makes the card issuer jointly liable. If bought with dealer finance, the finance company is equally responsible under the Consumer Credit Act. Put the rejection in writing to both.0 -
It's hard to know exactly what you're referring to - do you mean the propshaft had to be removed to change the DPF?
The delay in part supply is not the issue here.The "engine revving" sounds like clutch slip - so the clutch will need to be replaced. It's a difficult one to say whether that was a pre-existing fault, since it clearly wasn't doing so at the time of sale, but started shortly thereafter. What age and mileage of car are we talking about? Is it a proper three-pedal manual gearbox, or a two-pedal semi-auto of some kind?A poor driver can kill a clutch in a manual car in VERY short order, and it is a wear component. It's certainly been exacerbated by continuing to drive the car once it started slipping, and that'll make identifying the cause impossible.0 -
He's talking about the power shift gearbox which are not very good1
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As someone starting to look for a new auto/hybrid car (2-3 years old) and Ford is on the short list so this is good to know!tedted said:He's talking about the power shift gearbox which are not very good0 -
It's a 2022 automatic car. They had to remove the AWD to replace the DPF. Car has been bought on finance.
I does seem like the clutch is slipping and I noticed it about 2 weeks after I got it.0 -
Which model/engine?
It does sound like an internal issue with the gearbox, then. Out of manufacturer's warranty now, I presume - but how about when you first flagged the issue?0
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