Hello in need of serious help.
Less than a month ago we purchased a 2 year old car from a well known ford dealership E/H in edinburgh for £7202.
There was a delay in them releasing the vehicle to us as they said they had discovered a leak from a door seal which they were going to sort before handing over the car to us. A week later we picked up the car and noticed it was stinking of febreze which they said they did as standard to all sales. We now realise this was done to mask the stench of the damp within.After 2 days the febreze wore off and we noticed a damp musty smell. On further inspection we noticed the leak had not been fixed at all and all the carpets were soaking. We took the car back to them and they agreed to repair it again the following week but no courtesy car was offered this time the windscreen was replaced.After picking the car up again we noticed the carpets were still all damp and although they said they had repaired the leak which we do not know if they did or not, the carpets had not been dried out/ renewed so the car is still damp and smelly. I contacted them right away and they said some one would contact us and we are still awaiting the phone call. 1 week later I phoned and was informed that the service manager will contact me that day no call happened. our baby was born and we now have a 2 week old baby and a 3 year old toddler who have never been in the car as we are afraid for their health, after driving it we are left with a sore throat and our clothes stink so it has been left in our garage unused whenever it has not been back at the dealership. Of the 4 weeks we have had the car, we have only had 3 days use out of it and that was the initial period before the febreze wore off.
So this time instead of taking the car back to have another botched repair done, we advised them by letter that we were rejecting the car under the Sale of Goods Act as it was not of suitable quality or fit for purpose. The letter was dated less than 2 weeks after the date of purchase. It has been completely ignored.
Numerous phone calls, emails and visits to the show room regarding this have all met with a negative result. When we contacted CAB they advised us to hand the car and keys back in to the dealership with another letter again advising the vehicle is rejected and a refund is required. We did this but then when we spoke to Consumers Direct they said we shouldn't have given them the car back and to go pick the car back up! When we went to collect the car withourt prejudice the dealership said to leave the car with them and they would attempt to dry it out as they woud have to do this any way they are putting the car in the spray oven with the windows down!!!!!. We said feel free but we are still rejecting the car and require a full refund. I mention about an exchange car on the forecourt to which they replied the maximum they would offer us is a part exchange to another vehicle, and the most they would offer us for our car is trade in of £6200! and they would only offer a car of lesser spec to the one we have. So not only have they sold us a dud car but they want to rip us off for £1000 as well. we have refused this also stating that we only accept the full cost of the car we paid for plus anything money we have to add.
The garage is refusing to accept our right under the SOGA to a full refund so the dispute just seems to be dragging on and on no matter how many times we contact them or go up the line to their parent company pendragon, our letters are all completely ignored.
We contacted a lawyer last night who advised us to email again our wish for a full refund or part exchange to the full value of what we have paid and a reply within 7 days to prevent legal action.
We are both ill with the stress and depression due to it all and having a new baby as well. Do you think we'll have to take them to court? How do we go about this and how much will it cost? All we want is our money back to draw a line under the whole nasty episode but they are just laughing at us. We thought we were protected under SOGA but how can we hold them to account if they refuse to interact with us?
they asked us how many miles we had done since purchase and I informed them that the mileage on the puchase receipt 40051 and the mileage to when the car was handed back 40347 sum 296 miles and are using this against us for the exchange. Diane my wife said she has not done 300 mile on checking the service manual the car was serviced last month and the mileage was recorded at 40288 therefore at the time of sale they have reduced the mileage to what it shoud have been. this means my wife has only cover under 20 miles in the car.
Please please please can somebody advise us, thank you so much for reading...
Jim Ross
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