Should I Ask Them For My Money Back ?

[Guest IAN B]

I don't know if any of you read my thread in the newbie section or not but those of you who did will know, that i have been having problems with my Galaxy. We first picked the car up 58 days ago and since then it has been back in to the dealers a total of 42 days and that doesn't include the 5 times i have been down there either dropping it of or picking it up. :(

I won't go into too much detail because its a long story and you might all get bored, but so far it has had 3 new gearbox modules, 2 new gearboxs and a new torque converter. Its had a specialist gearbox engineer from Fords down to look at it and they still can not tell me what is wrong with it or when i can have it back. :(

The thing is i do like the Galaxy, each time the car goes in they give me another Galaxy to run about in. So we do like the cars.

Now heres the big question do i finally give in and tell them that i want my money back or a replacement car or do i stick with my own car. Its really starting to make :( now. So any advice please what do you think :(

[Masked Marauder]

Was it brand new? If so I would be looking for a replacement.

[NikpV]

Was it brand new

 

'53 plate picked up 58 days ago - delivered by Dr Who :( :(

[johnb80]

I don't know if any of you read my thread in the newbie section or not but those of you who did will know, that i have been having problems with my Galaxy. We first picked the car up 58 days ago and since then it has been back in to the dealers a total of 42 days and that doesn't include the 5 times i have been down there either dropping it of or picking it up. :(

I won't go into too much detail because its a long story and you might all get bored, but so far it has had 3 new gearbox modules, 2 new gearboxs and a new torque converter. Its had a specialist gearbox engineer from Fords down to look at it and they still can not tell me what is wrong with it or when i can have it back. :angry:

The thing is i do like the Galaxy, each time the car goes in they give me another Galaxy to run about in. So we do like the cars.

Now heres the big question do i finally give in and tell them that i want my money back or a replacement car or do i stick with my own car. Its really starting to make :angry: now. So any advice please what do you think :(

I would write to the dealer principal along the lines of Due to the fact the car has spent 42 days of my 58 days ownership with you being repaired you now feel it's time to reject the vehicle on the ground of it's unfit for the purpose for which it was sold. Hopefully they will take back the troublesome one and give you a newer one as compensation.

 

Regards - JB

[NikpV]

What has the dealers attitude been throughout this, have you broached the subject at all?

[Guest IAN B]

The dealers have been very apologetic, then again i think they would be. The only thing that does annoy me is when they say they are going to keep me informed of any progress and then don't bother to phone up. The only problem with asking them for a replacement car is if i would get one to the same spec as this one ie black, Ghia, auto, child seats,only 11000 miles and dvd player.

I'am thinking now that on tuesday morning i might go in and tell them that i don't want the car back and see what they say.

Thanks all for your advice, any more would be appreciated.

IAN

[mumble_bee]

ian, good luck with that

 

Im sure you have the right to ask for a refund in this case.

But if you have a solicitor friend it might be handy to have a chat with him before hand.

I've had some returns to do in the past and I was surprised at the leniency the law gives the dealer.

I have been in retail myself and have taken full advantage of this leniency never really knowing how much I had.

I know that as long as they make a "reasonable effort" it counts in their favour.

However with the sheer amount of time its been with them, you will most definitely have a case. :angry:

 

once again good luck

[NikpV]

But if you have a solicitor friend it might be handy to have a chat

 

Quite a few solicitors will do a half hour free consultation (I assume on the chance that you will employ them) might be worth taking advantage of this, I would think that unless the dealer can source an alternative car which meets your specification your best chance is a refund - you would then have to search for another

 

However with the sheer amount of time its been with them, you will most definitely have a case.

 

although not in the same class we had a similar situation with an

[johnb80]

I've had some returns to do in the past and I was surprised at the leniency the law gives the dealer.

You want to think yourself lucky that you're not in retail now. There is absolutely no leniency towards the retailer at all. For example, you buy a nice new Plasma TV, 12 months warranty etc. It goes wrong after 3 years, you have to pay to have it fixed right? WRONG, you can go back to the retailer and get them to repair it IF it's reasonable to expect it to last longer than 3 years. The fact that it's failed at 3 years would mean it must have been defective at the time of sale and thus not fit for the purpose. How do I know? don't ask. The law is crazy and retailers that have to work on tight margins will drop like flies with this law and then where does that leave the consumer.

 

I know that as long as they make a "reasonable effort" it counts in their favour.

The fact that they've tried to fix it does count in their favour very slightly but the fact they've failed and had it for such a long time wipes them out completely.

[mumof4]

I don't know if any of you read my thread in the newbie section or not but those of you who did will know, that i have been having problems with my Galaxy. We first picked the car up 58 days ago and since then it has been back in to the dealers a total of 42 days and that doesn't include the 5 times i have been down there either dropping it of or picking it up. :ph34r:

I won't go into too much detail because its a long story and you might all get bored, but so far it has had 3 new gearbox modules, 2 new gearboxs and a new torque converter. Its had a specialist gearbox engineer from Fords down to look at it and they still can not tell me what is wrong with it or when i can have it back. :(

The thing is i do like the Galaxy, each time the car goes in they give me another Galaxy to run about in. So we do like the cars.

Now heres the big question do i finally give in and tell them that i want my money back or a replacement car or do i stick with my own car. Its really starting to make  :D  now. So any advice please what do you think :(

I would write to the dealer principal along the lines of Due to the fact the car has spent 42 days of my 58 days ownership with you being repaired you now feel it's time to reject the vehicle on the ground of it's unfit for the purpose for which it was sold. Hopefully they will take back the troublesome one and give you a newer one as compensation.

 

Regards - JB

I agree with Jb here..42 out of 58????that is taking the micky really...technically you are paying for a car to sit off road..i mean..car tax/insurance/repayments(if any).......so id ask for a refund or another car to the same spec.

 

id also write down any loss of earnings, telephone costs,and claim them back aswell..

[Guest MATT jr]

to me, it looks like you've bought a problematic car. (sounds a lot like my mates fiat!, that spends more time in a garage, than with its owners!)

 

or the mechanics don't know how to fit the new parts correctly (surely not, as their the professionals, right?) :ph34r:

 

i would reject it, and find another one. its not like there's a shortage of them, and I'm sure the right spec will come along sooner or later...

 

MJR :D

[Guest IAN B]

Another question for people with mk2s. On the drivers door where you rest your elbow has anyone else noticed that that part has collapsed in, where it has been leaned on too much. On our Galaxy with 11k miles on it, you can push it in, but on the Galaxy they have loaned us which has 18k miles on it the door panel is solid.

I'am starting to think the car has done more miles than it says it has.

How hard is to clock a Galaxy?

The service book looks all legitamate but little things on the car makes me think otherwise.

Cheers

IAN

[NikpV]

How hard is to clock a Galaxy

 

easy with the ford diagnostic software - when we had our instrument cluster changed they originally put 10k too many miles on the clock - he brought out the wds? and sat in the car, reset to correct milage and turned it back into a Ghia !!!! took 10 mins. Its harder to fake the paperwork if the car is a bit older wonder if Ford keep a record centrally of services although if the car is always with the dealer they might not have put it through any systems :D

 

On the drivers door where you rest your elbow has anyone else noticed that that part has collapsed in, where it has been leaned on too much.

 

ours has done 66k - no sign of any problem there, whats the drivers seat belt like is the retraction mechanism tight, how about the drivers seat squab ??

[Davetheref]

Slightly off topic I know but interesting stuff from John about the plasma. I bought one 3 years ago and it went wrong after 14 moths, 2 months out of warranty. The retailer didn't want to know and I had no idea I could have hit them with the "resonable to expect" law.

In the end, Pioneer picked up the bill for the parts and I just had to pay the labour. Maybe its because they knew I could have taken it further, even if I didn't.

[Guest IAN B]

Heres the latest in the ongoing saga. I phoned up the used car department yesterday where we bought the car to speak to the sales manager, but he is on holiday this week. So not wanting to speak to anyone else about the car i arranged to see him next week.

Then this afternoon i got a call from the service department. They are now telling me that under warranty they normally only fit reconditioned gearboxs, so the two they have already fitted might have a fault on them. The engineer from Ford has now received word from Ford that has permision to fit a brand new gearbox.

But they will not take delivery of the box until either friday or early next week, so that looks like we won't get the car back until late next week.

[johnb80]

Ask them for a loan car OR your money back, don't let them mess you about. You will also need compensation for the time you have been without your car.

 

Regards - John

[tim-spam]

Sounds like total incompetence to me - how many contol units? How many gearboxes? There is probably something fairly simple wrong that they can not find, so they resort to changing parts at random to 'try and see'. But they've even cocked this up - if you change a part and it doesn't fix it, then it's probably something else. But, they've tried changing the same parts several times! Assuming, of course, they've been doing what they say they've been doing.

If it was me, I would reject the car. With the new model waiting in the wings, there will be bargains aplently, especially on the less popular petrol models - you may even end up with a newer, higher spec. model.

[Guest IAN B]

Ok then, heres the latest.

I phoned the used car department last week and spoke to the sales manager and told him that even when the car was back with us, fully repaired we didn't want it back. He said that we had been very patient with them and that changing the car wouldn't be a problem. When i said would it be to the same spec as the other one he said that there is no way that we would be dissapointed with the car they get for us. :D

The only problem now is that we have to wait for our own car to be repaired and then they will look into doing an exchange. To be honest i can't see why we have to wait, but he said it is company policy.

So after speaking to him, i then phoned their service department and was told that they have still not received the new gearbox and that they still do not know when they will get it.

So then i phoned Ford customer care and asked them if they could find out exactly where the gearbox is. They have spoke to their parts department in Daventry and have now told me that they are actually waiting for some bolts :huh: and that these bolts are in Germany :huh: and that it will take a week for them to get these bolts :huh:

So i'am still in the dark as to when a: when we will get our own car back and b: when we will get the replacement car.

Heres the count so far we picked the car up 81 days ago and they have now had it 65 days. :(

[NikpV]

The only problem now is that we have to wait for our own car to be repaired and then they will look into doing an exchange. To be honest i can't see why we have to wait, but he said it is company policy

 

hmm can't see why either - I would try and get details of new car spec in writing can't remember if youve given trading standards a ring if you haven't I reckon its time to if you can't get anything in writing, I assume you still have a Galaxy from them to drive around in?

[r1ch4rd]

I agree get this offer in writing if you can. Write to the dealer laying out what he has offered to you regarding a different car and ask for confirmation in writing of when this will be done.

I think you are being to nice to the dealer who has sold you goods which were not: "Fit for the purpose for which goods of that type are normally sold" Sale of Goods Act. I would be beating on his door!!

Stop accepting their put off tactics and put some pressure on them say you will contact and copy all details to Auto Express, they often can get things moving for you.

At least tell them and put in writing a deadline to fix the car.

Good Luck

Richard

[johnb80]

Sometimes it's easier and just as good to write to them along the lines of:-

Dear Sales Manager,

Further to our telephone conversation of dd/mm/yy I write to confirm I accept your offer of car specification" etc etc.

 

Send it recorded delivery and send another one recorded delivery to yourself. Don't open yours when you get it back and it can then be used in evidence in court if need be (not concrete but credible).

 

Good Luck - JB