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ford focus 2005/55 - Faulty car - dh1983

Hi i bought a used car on finance in june, no they appear to be problems which the garage cant repair or know whats wrong, its stalls and cuts out whilst driving

can anyone tell me what rights i have to repairing it under warranty or handback etc, any help would be greatful guys

ford focus 2005/55 - Faulty car - Collos25

Sale of Goods act you can use in your situation

I therefore reject the "YOUR CAR DETAILS" under Sale of Goods Act 1979 as modified by the Supply of Goods and Services Act 1982, subsequently modified by the Sale and Supply of Goods Act 1994, I am contending that the supplier is in breach of contract to me for supplying a car which was not "of satisfactory quality", or did not remain so for a reasonable period of time, and furthermore at point of sale the car was clearly mis sold, as having a range of optional extras, that clearly it did not have.
Furthermore, The Supply of Goods to Consumers Regulations 2002, is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003.

This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.
I expect the finance deal to be reversal and the return of my P/X or monies to the value, Obviously you have to add the term of events in the lead up prior to the rejection notice

ford focus 2005/55 - Faulty car - dh1983

the car was purcahsed on the 1st june so its just over 6 months does that sales of goods act still apply, would it affect my credit rating handing the car back

ford focus 2005/55 - Faulty car - LucyBC

You can bring a Sale of Goods action for up to six years but it gets much more difficult after six months. In the first six months the onus is on the dealer to prove that the repair wasn't present at the time you bought the car. After six months it's up to you to show that it was.

You only have a short window to reject the vehicle and six months may be too late (the Act does not define the period but leaves it to the court to decide). Furthermore a rejection usually implies a very serious fault or a series of serious faults. Reading what you say in your case a repair seems the more likely option.

There is a possibility of your being offered an alternative replacement vehicle but that is often more complicated when finance is involved.

You should also be aware that SOGA will take into account the age of the vehicle and the price paid. Finance implies a greater price but if you had paid £500 for an older car and it went wrong there is a very much lower expectation of reliability.

As long as the finance is settled and fully paid it will not affect your credit rating.

Edited by LucyBC on 17/12/2010 at 04:13

ford focus 2005/55 - Faulty car - dh1983

Well the day after i got the car i called the garage up to say the engine wasnt right with it guddering but when i took it in they couldnt get the fault to repeat on the car, since then ive called them up about 5 times to say its still doing it but now the car has broken down due to this i think. So they have been awhere from day one ther is a problem, id like to keep the car just it can be dangerious driving an car in busy traffic that suddenly just cuts out and they cant find the problem

i paid just under 7k for this car in june with 27k miles now ts done 33k,

as there is a problem already i only have a one year warranty should i ask for an extended warranty instead?

Thank you, your being very helpful Im not good with these things

ford focus 2005/55 - Faulty car - LucyBC

They have to fix or replace. The best thing is to go and see them and see what they will do. It obviously needs fixing and if they cannot fix it they should get someone else involved who can.

Do not be tempted to go somewhere else with it yourself for a repair though. It needs to be fixed in association with them - at this stege at least.

Edited by LucyBC on 17/12/2010 at 09:14