Advice on rejecting 6 week old ST3

[dmizz93]

Hey all!

Sadly I've got to start this topic as I wanted a bit of advice (and to not be bullied into accepting any compromise by the dealer).

Swapped my old Frozen White ST for a new Panther Black one. 
Was loving the car for around 500 miles until the car started to develop a whining noise under acceleration. I'd put the cause down to sticking brakes/hose loose on intake system. 
Booked the vehicle in after 3 weeks of ownership, couldn't get an appointment for 6weeks (workshop issues I guess!) Not satisfied I kicked up a fuss and had the vehicle looked at a couple of weeks after appointment was made. 

The dealer confirmed that the boost pressure regulator was defective. As a result I'm concerned about the longevity of the Turbo and that the vehicle had failed after such a short period of time? I know not all cars come off the factory perfect but to have that type of fault after such little time it didn't sit right with me. 

I'd requested the dealer NOT repair the car until I'd spoken with the sales manager/got a technicians report about the fault and subsequent repair. This was ignored by the dealer and they went ahead with the repair anyway (going against my wishes and stopping me getting a report). 

I've since written a letter to the Sales Manager and DP.
Before writing the letter the retail manager had offered to 'buy the vehicle back' off me (being approximately 8 weeks old) which I was disgusted by. 

The DP contacted me today saying they'd be willing to swap the vehicle as long as I do all the Donkey work (contacting Priv so I can get them to authorise the sale to dealer before 9 months, and get a new code) This, to me is essentially the same option 

I've done the obligitories by notifying finance company about the dispute and the apparent malpractice of the dealer. Quite frankly im getting severely frustrated as I don't seem to be getting anywhere. I've quoted all my legal rights throughout including the New Consumer Credit act and Sale+Supply of goods to consumers etc...

Seems like they're just trying to fob me off at the minute? Don't really know how to progress with this aside from going to the Ombudsman (who I don't want involved, courts+costs)

Can anyone give any advice?!?! 

Much Appreciated! 

[Maltozo]

18 hours ago, dmizz93 said:

Hey all!

Sadly I've got to start this topic as I wanted a bit of advice (and to not be bullied into accepting any compromise by the dealer).

Swapped my old Frozen White ST for a new Panther Black one. 
Was loving the car for around 500 miles until the car started to develop a whining noise under acceleration. I'd put the cause down to sticking brakes/hose loose on intake system. 
Booked the vehicle in after 3 weeks of ownership, couldn't get an appointment for 6weeks (workshop issues I guess!) Not satisfied I kicked up a fuss and had the vehicle looked at a couple of weeks after appointment was made. 

The dealer confirmed that the boost pressure regulator was defective. As a result I'm concerned about the longevity of the Turbo and that the vehicle had failed after such a short period of time? I know not all cars come off the factory perfect but to have that type of fault after such little time it didn't sit right with me. 

I'd requested the dealer NOT repair the car until I'd spoken with the sales manager/got a technicians report about the fault and subsequent repair. This was ignored by the dealer and they went ahead with the repair anyway (going against my wishes and stopping me getting a report). 

I've since written a letter to the Sales Manager and DP.
Before writing the letter the retail manager had offered to 'buy the vehicle back' off me (being approximately 8 weeks old) which I was disgusted by. 

The DP contacted me today saying they'd be willing to swap the vehicle as long as I do all the Donkey work (contacting Priv so I can get them to authorise the sale to dealer before 9 months, and get a new code) This, to me is essentially the same option 

I've done the obligitories by notifying finance company about the dispute and the apparent malpractice of the dealer. Quite frankly im getting severely frustrated as I don't seem to be getting anywhere. I've quoted all my legal rights throughout including the New Consumer Credit act and Sale+Supply of goods to consumers etc...

Seems like they're just trying to fob me off at the minute? Don't really know how to progress with this aside from going to the Ombudsman (who I don't want involved, courts+costs)

Can anyone give any advice?!?! 

Much Appreciated! 

Hi. I don't feel 'qualified' to offer any advice but have you tried Honest John's website? If you decide to present your question I would suggest you try to keep it as brief as possible. Good luck.

[mikeyd1]

I would send e mails to confirm dates and times u have been in contact and also ring once a day untill u speak to someone who can give u the answers u are looking for

[MarksST]

What would be the reason for rejection? The car developed a fault, the garage found the fault and it was repaired under warranty, unless it's still has the same fault I can't see why you would want to reject it.

youre on privilege, you've already changed from one ST to another, is turbo longevity that important to you? Do you plan on keeping it more than 3 years, if not you've got the warranty to fall back on.

why did you need a technician's report they've said what the fault was. Not sure you can tell them to hold off doing a warranty job, they found fault, had it authorised and carried it out, they are paying for it until it's claimed back by ford.

it could have been looked at quicker if tpyou called the AA, said that you don't think it's safe to drive and had it towed in.

If you're still using the car, I think you need to stop using it if you're rejecting it, driving it sort of shows you're happy with it

[dmizz93]

Hey Marks. 

I appreciate the points you've raised and will clarify them below...

Reason for rejection - turbo fault with the vehicle within 30 days (informed them of my wish to reject/swap vehicle at this time)
Would look to keep this one longer than three years so I can do own modification when money permits
Needed a tech report to confirm whether the fault mentioned would affect the longevity. Explicitly informed 3 members of staff not to repair the vehicle until I'd had a report from a ford technical and 3rd party.

The main points are essentially the 30 day right to reject if a fault is found. The fact that they've repaired the vehicle compromises this right. Yes they may not be doing anything wrong by repairing it under warranty. However it's put me in a difficult position. 

I've contacted the finance company every step of the way so they know what the situation is. The dealer is essentially dragging their heels about it, yet have admitted they shouldn't have repaired the car after I'd asked them not to... They also think because I'm priv it has bearing on my consumer rights.... NO, just means more paperwork for them. 

 

[tazzman600]

Personally if you're That concerned about the cars turbo longevity then you Should have accepted their offer to buy back and then find another similar car. After all you Did ask for its rejection.

Good luck anyway with your complaint about your car.

[dmizz93]

1 minute ago, tazzman600 said:

Personally if you're That concerned about the cars turbo longevity then you Should have accepted their offer to buy back and then find another similar car. After all you Did ask for its rejection.

Good luck anyway with your complaint about your car.

When I say 'buy back' I mean that in the most literal terms possible... 

The dealer wanted to value my car (market value) instead of cancel finance agreement and enter in to a new one. Which is why it's got to this stage. Ombudsman soon to be involved in this one I think :( 

Based on the circumstance and fault being present after 3 weeks - having asked for rejection within 30 days the offer was total BS IMO

 

[The Dark Knight]

I'm in a bit of a rush this morning so might be able to provide a better answer later. I have a degree in law and consumer law was a favourite area of mine and I help out with queries in the consumer advice section of the forum.

You are entitled to reject the car if a fault develops within 30 days and you inform that you want to reject. Any time spent requesting repairs or having them carried out is not to be counted in terms of the days that have elapsed. However, as MarksST mentions, if the fault has been repaired, you don't have a reason to reject anymore. The car is no longer of unsatisfactory quality. Also note that despite requesting rejection, you did book it in at the dealer to be looked at. The fact they went ahead when you said not to until you had a report is something they could put down to a mistake by one of their staff. A court would most likely see you booking it in as permission enough to go ahead with a repair. (Unusual dispute though and not one I have ever known to be argued)

Also bear in mind that the value of your car exceeds the limit for small claims court so you could be left wide open to legal fees and all sorts through the main courts.

**One more thing. The repair was carried out under the warranty as opposed to you requesting repair under the Consumer Rights Act 2015. The warranty and your legal rights are two separate entities.

[ben1191]

On 2 April 2016 at 11:52 AM, The Dark Knight said:

I'm in a bit of a rush this morning so might be able to provide a better answer later. I have a degree in law and consumer law was a favourite area of mine and I help out with queries in the consumer advice section of the forum.

You are entitled to reject the car if a fault develops within 30 days and you inform that you want to reject. Any time spent requesting repairs or having them carried out is not to be counted in terms of the days that have elapsed. However, as MarksST mentions, if the fault has been repaired, you don't have a reason to reject anymore. The car is no longer of unsatisfactory quality. Also note that despite requesting rejection, you did book it in at the dealer to be looked at. The fact they went ahead when you said not to until you had a report is something they could put down to a mistake by one of their staff. A court would most likely see you booking it in as permission enough to go ahead with a repair. (Unusual dispute though and not one I have ever known to be argued)

Also bear in mind that the value of your car exceeds the limit for small claims court so you could be left wide open to legal fees and all sorts through the main courts.

**One more thing. The repair was carried out under the warranty as opposed to you requesting repair under the Consumer Rights Act 2015. The warranty and your legal rights are two separate entities.

Better call Saul! Aha

 

surely if you're going modify this car you're going to lose the warranty anyway,if the regulator goes I'm pretty sure the turbo would revert to safe mode rather than let any level of boost into it,also if the turbo does blow and as you said intend to mod,just got a hybrid turbo and go stage 3..

[Mattamoose]

Ombudsman is free, it costs Ford not you, i work within financial services, regulated by FSCS

Sent from my iPhone using Tapatalk

[m1tch]

It would also be interesting to find how the boost pressure regulator failed eg did it overboost or underboost? If it failed - also the car wouldn't be under much load anyway within the first 500 miles as it is during break in period so the car wouldn't be boosted much if at all until everything has bedded in. If the car has been used 'spiritedly' during the first 500 miles of being brand new I think the wear on the engine would outweigh any turbo issues. 

[dmizz93]

Thanks for all your replies..

Have an update for you RE the vehicle. 
After going backwards and forwards with the DP over the phone I'd requested a face to face meeting so we could discuss each others and understand 'where we're at' just before the bank holiday. 

During the meeting the DP we both gave our own 2cents, with him believing the dealer had done all they were asked therefore fulfilling their legal obligation. I'd explained to the dealer that working within the 'industry' CS Manager for another Automotive brand that I understood the CRA of 2015 and the 30 day rule different to him. 

After the dealer did not take up the proposal I'd informed them I wanted to reject the vehicle and be returned to my position before vehicle purchase so that I was able to re-purchase through them or another dealer. 

The DP spoke to the legal team who'd confirmed I was correct in my understanding of the CRA and that no attempt need be repaired within the first 30 days (Customer can hand vehicle back and obtain full refund). Based on that information the dealer ordered another vehicle for me. Same Spec ST3 w/ rear parking sensors + Space Saver in white. 

This was due to arrive w/e 21st May but having been in to the dealer this afternoon they've been advised it will more than likely be delivered over the weekend. Things have progressed with the dealer principle involved and to his credit he's done all that's been asked of him (including a courtesy vehicle).

Small matter of consequential losses to clear up now as I'd relied on public transport for 5 weeks and finance payments going out of my account then I'm squared away. 

All in all, after a terrible experience with a dealership I've frequented over 6 years or so, they've managed to do the right thing and turn it round :) If all goes to plan I'll have my car next Tuesday/Wednesday!! 

Happy Friday everyone!

 

[alexp999]

Sounds like it should be a positive outcome in the end. :)

 

[dmizz93]

1 minute ago, alexp999 said:

Sounds like it should be a positive outcome in the end. :)

 

Does seem so, all that's left to do is head over to DMB, TRC to shop out the wait. 

Looking to get a few things ordered but haven't been able to find the wing ST badges anywhere?! 

I'm looking at ordering:
White ST inlay (front badge)
Black ST inlay (rear badge)
Steering wheel ST inlay
Key Fob cover in Gloss/Carbon
Domed Badges for FR/Rear/Steering wheel + Centre Caps 
Lowering Springs
TRC modified front splitter

 

That should keep me happy for a while but also improve the aesthetics enough :)