Car with Issues on Finance?

JonnWhite_2 · 6 October 2017 at 10:51PM

Hi All,

I purchased a ford grande CMax (2011 plate) back in December 2016.

It went back in 7 days after purchasing it for issues with the radio (Bluetooth), headlamp washers, Temperature gauge, Rattling back doors for 2 weeks over xmas.

The only issues they have fixed is the doors and the headlamp washer. The bluetooth is still crackly and also the temp gauge is playing up again (only noticed due to the cold weather) These issues have fallen on deaf ears and i have since given up. The ACM (Audio control module) was replaced due to it blowing up! however its not working properly still.

In January it went back in for an Engine Malfunction Service Now indicator and the PCM software was update due to internal control module monitoring processor performace fault code. If the fault reoccurs replace pcm. The fault reoccured but was never there when i took it back in!

It then went back in on the 31st of March because of issues with the Keyless ignition system, the car would periodically not recognise the key meaning it would not start. I then opened a not fit for purpose claim with my finance company which went on for 9 weeks with an independent assessment from them and also the financial ombudsman got involved. It was then closed but the ombudsman as "Fit for purpose" with a £150 loss enjoyment payment paid out. The car came out of the garage with a puncture which took 4 weeks to get paid back to me! 2 days after collecting the car the car wouldn't unlock and then when i got in wouldn't start. The key was replaced and it has played up once since this happened.

Wednesday of this week the vehicle was recovered to the garage due to a serious misfire (It's a diesel so not really a misfire but you get the idea) also this youtu dot be/DL-ZY8GatBA happened so that was great. You can see by the video how much my phone is wobbling which is due to the misfire.

The garage have told me "We are unsure as to what's causing the misfire and are still investigating". I have contacted the ombudsman yet again who is looking into this and is letting the finance company know.

I want the finance written off and the car to be returned the dealer as this is not the first time its been in. It needs to go.

What grounds do i have? This vehicle is not fit for purpose! I was thinking of going to a lawyer and getting some advice, if not small claims court it will be.

The settlement figure it £10,300 so i would go for 10K and deal with the rest myself. I'm unsure how much is remaining without the discount.

Please help! What are my options? Very sorry for the long post.

Many Thanks
Jon.

JonnWhite_2 · 6 October 2017 at 10:52PM

It wouldn't let me post a link as a new user however i hope you can work out what i did!
if not put /DL-ZY8GatBA after youtu.be in your browser and it'll come up

JonnWhite_2 · 6 October 2017 at 11:00PM

i also forgot to add it's a hire purchase agreement, with barclays partner finance over 60months.

System · 7 October 2017 at 9:41AM

Cars go wrong, 5 year old cars go wrong. Being on finance does not guarantee you a defect free vehicle for the length of the agreement, especially one purchased on finance at halfway through what the manufacturer deems is the lifetime of the vehicle. You have to deal with issues the same as someone who paid cash, the only advantage you have is Section 75 when something happens that would be covered by consumer rights if the seller doesn't play ball which isn't the case with your car as the dealer has looked at the issues you had.

A misfire that occurs 10 months after purchase is not going to be repaired under any consumer protection from a second hand sale unless there was mechanical warranty taken out, there is certainly no right to redress under the CRA. The only issues you would have a claim for are the ones which occurred during the first couple of months.

Whilst it has been to the dealer several times they've not been for the same fault. If you're looking for a way out of the deal because of this misfire it isn't going to give you one. The only way you'd be able to stand any chance of rejecting it is if it had been into the dealer multiple times over the last several months to have the same fault fixed and they'd not been able to do it but this is not the case. The finance company, an independent assessor and the Ombudsman have all deemed the vehicle fit for purpose.

Cars are complex machines, they go wrong. Even new ones do which is why they come with manufacturer warranties and as I said, just because it is purchased on finance doesn't mean it'll be fault free and you will be covered for any repair costs for that term.

Given your level of expectations may I suggest buying brand new next time?

robber2 · 7 October 2017 at 1:27PM

Taramabor,

corrected a rather fundamental typo for you;

"Being on finance does NOT guarantee you a defect free vehicle for the length of the agreement"

Rob

JonnWhite_2 · 15 October 2017 at 11:46PM

I understand not to expect the vehicle to be perfect but it must be Fit for Purpose and of satisfactory quality.

The car had 4 new injectors fitted under dealer warranty at just 59k. I didn't even have it back 24 hours and the management light came on. The car was taken straight to the dealer.
I have since sought some legal advice and they have told me under Consumer Rights Act i am able to reject the car due to the following.

You don't have to accept a second repair if something goes wrong and you'd rather not keep the car. You can ask for your money back if:

the repair hasn't solved the problem
another problem has developed

Since multiple problem have developed over this time, i have a reasonable case to reject this vehicle. The above information is from the Citizens advice website and related to CRA2015.

I feel your statement is unfair as you don't seem to know the legislation?

It looks like this fault is due to a PCM fault which it was in the garage in February for another fault with this module. We will see tomorrow what the garage says.

tykesi · 16 October 2017 at 9:11AM

Good luck rejecting a car after nearly a year.

StopIt · 16 October 2017 at 11:07AM

JonnWhite wrote: »

I understand not to expect the vehicle to be perfect but it must be Fit for Purpose and of satisfactory quality.

The car had 4 new injectors fitted under dealer warranty at just 59k. I didn't even have it back 24 hours and the management light came on. The car was taken straight to the dealer.
I have since sought some legal advice and they have told me under Consumer Rights Act i am able to reject the car due to the following.

You don't have to accept a second repair if something goes wrong and you'd rather not keep the car. You can ask for your money back if:

the repair hasn't solved the problem
another problem has developed

Since multiple problem have developed over this time, i have a reasonable case to reject this vehicle. The above information is from the Citizens advice website and related to CRA2015.

I feel your statement is unfair as you don't seem to know the legislation?

It looks like this fault is due to a PCM fault which it was in the garage in February for another fault with this module. We will see tomorrow what the garage says.

Indeed, you're technically correct.

So, I ask 2 questions.

1: Do you think you're the first person to try to quote this legislation when buying a used car from a dealer?

2: Do you think the car dealerships do not have a policy to deal with this sort of complaint, one that isn't "Here, have your money back"?

If you answer Yes, No, then you may be in for a shock today.

sccooter · 2 November 2017 at 9:57PM

if you have get the engine light off and have paid more than half the car value including deposits then you can do a VT. Voluntary Termination. Regardsless off over mileage. As long as just normal wear and tear

tykesi · 3 November 2017 at 10:23AM

sccooter wrote: »

if you have get the engine light off and have paid more than half the car value including deposits then you can do a VT. Voluntary Termination. Regardsless off over mileage. As long as just normal wear and tear

Why are you dragging up two week old threads where none of the OPs have been back?

Car with Issues on Finance?

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