johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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My sisters boyfriend bought an 02 registered Ford Focus from a well known auto park in Newcastle. It has less than 60k on the clock and he was given 30 days warranty.
Since day one the car has had a severe missfire, stutters and does not drive well. (please dont start with the "should have test driven it" stuff - he has had all the this from me!)
Anyway so he went to take the car back and he was told the company had went bankrupt and was no longer trading. With this info he phoned the finance company who got in touch with the car dealership to find they had not ceased trading, they had simply moved to a different patch within the park. (attempt to fob my mate off)
So the car dealer then phones my mate (he was really nervous on the phone, panicing and stuttering after the finance company contacted him) and takes the car in to be looked at. When my mate gets it back it's no different at all so once again he returns it. Again he gets it back with a receipt for more work (minor stuff like ignition leads) but the problem is still there.
Now he's pissed off, the car dealership are trying to fob him off until the 30 day warranty expires. So he phones the finance company to say he wants to cancel it before he starts paying. With what's went on, the finance company send out their engineer who diagnoses the problem to be the cylinder head. He also points out that the car couldnt have possibly passed an MOT in this condition (he found a few other faults). The engineer told my mate he had an excellent case for giving the car back and not having to take the finance. He said he'd be in touch with the car dealership and then get back to my mate.
NOW THE SHOCKING BIT..........
My mate recieves a letter from the finance company saying that the engineer says that my mate should have expected this problem due to the age of the car, therefore he can not cancel the finance and he must pay for the repairs out of his own pocket.
I think the engineer has took a back hander from the garage!
What would you do in this situation? He hasn't started paying for the car yet either.
[Edited on 21-01-2009 by johnhara1]
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Daniel_Corsa
Premium Member
Registered: 21st Apr 04
Location: Wigton, Cumbria
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Needs proof of what the engineer said in the first place to have a leg to stand on?
How long is left on the warranty?
Try returning as being unfit for the intended use.
April '06' Corsasport Feature Car  | Aug '08' Total Vauxhall Feature Car | Spring '09' Fast Car Feature Car
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
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If it was me, i'd park the car back at their place and give them the keys. Then cancel the debit for finance and see them in court.
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Eck
Premium Member
Registered: 17th Apr 06
Location: Lundin Links, Fife
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I'd be getting on the phone to Trading Standards!
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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Daniel - This is what i said! - He didnt get anything back tho.
Brett - I have told him to do this too. Id go with him.
He is threatening to go to the chronicle (our local paper)
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ed
Member
Registered: 10th Sep 03
User status: Offline
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Take it back, and tell them you don't want it. It's not fit for purpose and an 02 reg car should not be fucked. It's not old and the engine should be able to take another 200k miles before it's fucked in all honesty.
Trading standards fo sho.
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
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Eck - Yes we will but i think they'll just say what Daniel did.
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fazza
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Registered: 7th Feb 08
Location: Plymouth
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quote:
Originally posted by loafofbrett
If it was me, i'd park the car back at their place and give them the keys. Then cancel the debit for finance and see them in court.
+1
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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Ed - I was considering taking it too ford, getting them to diagnose the fault and poss get it in writing that this fault is NOT to be expected on an 02 car.
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strick206
Member
Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
User status: Offline
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You can return the car because it's unfit to do what it is supposed to do
Also, i would get back onto the finance company and kick up another fuss, because if the engineer said that and has then said something differently, they may be able to help
Also, i dont think the engineer will fancy standing up in court and saying what he said in that letter after what he told your mate, so start to threaten court proceedings etc and get onto trading standards, need to make everything official before the warranty runs out
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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Ta lads.
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Cosmo
Member
Registered: 29th Mar 01
Location: Im the real one!
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Id also consider getting it to another garage so they can carry out a full inspection (will cost money but may be able to claim it back), that way you can clearly point out the faults.
Oh, and its fob not fod.
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
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If the MoT was carried out by the garage contact VOSA.
Corsa 2.0 16v Vegas - Sold
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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Cosmo -  i know i wrote it wrong twice! missed them in the edit too. FFS!
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Lynny
Member
Registered: 3rd Jan 03
Location: oop north! Where people talk properly
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I've heard a few bad things about auto park. Similar stories.
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strick206
Member
Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
User status: Offline
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quote:
Originally posted by VegasPhil
If the MoT was carried out by the garage contact VOSA.
That's true also, if they did the MOT they will have had to pass it with it being unfit for road use, so another probelm they may face
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
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Ill threaten them with this also.
Cheers
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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quote:
Originally posted by Alex_NSM
I've heard a few bad things about auto park. Similar stories.
Since this has happened to my mate, all sorts of stories have popped up about this auto park. Shame nobody opened thier mouth before eh.
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Lynny
Member
Registered: 3rd Jan 03
Location: oop north! Where people talk properly
User status: Offline
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quote:
Originally posted by johnhara1
quote:
Originally posted by Alex_NSM
I've heard a few bad things about auto park. Similar stories.
Since this has happened to my mate, all sorts of stories have popped up about this auto park. Shame nobody opened thier mouth before eh.
this was about 3-4 years ago when i last had anything to do with them, would have thought theyd sorted things out or wouldnt still be trading!
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Andy Stocker
Member
Registered: 31st Aug 00
Location: Herts Drives: Porsche 911
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Contact BBC's Rogue Traders
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
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quote:
Originally posted by johnhara1
Ill threaten them with this also.
Cheers
Don't threaten, book the inspection and tell them. They're playing hard ball.
If it's not fit to pass an MoT then it shouldn't have been sold. That alone means it wasn't fit for purpose (Trades Descriptions), therefore can cancel your finance agreement and it would probably stand in court in your favour.
A fault in the cylinder head wouldn't pass an emissions test a few weeks beforehand.
I'd be closing the bank account and dumping the car with them, isn't there normally a cooling off period for a vehicle purchase on finance? They might charge you an admin fee, lose your deposit etc but you'll have to swallow that.
Corsa 2.0 16v Vegas - Sold
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Sam
Moderator
Premium Member
Registered: 24th Dec 99
Location: West Midlands
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Welcome Car Finance?
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Anty
Premium Member
Registered: 19th Mar 08
Location: droitwich
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get the trading standerds in
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ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
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quote:
Originally posted by Daniel_Corsa
Needs proof of what the engineer said in the first place to have a leg to stand on?
How long is left on the warranty?
Try returning as being unfit for the intended use.
yeh sga 1979 s14(3) fit for purpose is iirc! also if he relied on the garages desciption he can say it was an implied term the car was in good working order under s13!
However from remebering back to my studies at uni there is something to do with a reasonable inspection and whether if the inspection was not sufficient then they cannot claim as the ownus is on the purchaser to look over/drive the car when buying...rather than a reliance on words
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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quote:
Originally posted by loafofbrett
If it was me, i'd park the car back at their place and give them the keys. Then cancel the debit for finance and see them in court.
x2
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