Ford Mondeo - Purchase nightmare! - longlegz

Dear Honest John,

I’m writing on behalf of a couple who have recently purchased a 2008 Ford Mondeo 1999cc. Having spent the weekend with them I am now clued up on the circumstances and feel I have enough information to bring this matter to your attention.

The initial sale happened on the 14 th of May 2015 and the car was purchased from ‘we sell car finance ltd’ using car finance supplied by ‘credit4cars’. A deposit of £400 was paid and they assured that the car would be ready for collection the following day as it required an MOT. 6 days later having travelled an hour every day to the garage to collect it following repeated promises of it being ready for collection, it was finally collected on Wednesday the 20 th of May. It was taken on a long journey to Corby. The exhaust was emitting blue smoke and having returned from the trip attempts to restart the car failed and it would not fire up. Surely the blue smoke begs the question how did it pass an MOT on emissions??? Which prompts a further question, was the MOT issued illegally?

The car was obviously not used anymore due to the problems. My friend contacted we sell car finance immediately to report the issues and they promised to fix the car and that as it was not drivable they would collect it on Saturday 23 rd to be repaired. They did not honour this promise and despite making repeated phone calls to various numbers provided, they proved uncontactable and when one did finally manage to get through to someone the response was the same ‘we want to fix it….we’ll get back to you soon’ ‘we will fix it for you no problem’ ‘everything will be sorted’ etc etc. Eventually they registered the number and either ignored the calls or planned their reponse. It became predictable and very concerning.

Understandably as he was still within the 14 day cooling off period my friend decided he wanted out at this point and contacted the finance company credit4cars to cancel the agreement. No response and so he left a message and sent an email to both them and the ‘we sell car finance company’.

This is the point at which I arrived for the weekend. Having studied the documentation from the purchase agreement it was immediately clear that this was a sales scheme set up to sting people. The first observation was that the APR rate was 62%! Total purchase price was approximately £5,500 and full repayment amount was over £10,500 (34 payments of £278/month) I then noticed another section of the agreement which mentioned a device called a ‘starter interrupt device’ which was fitted at an additional cost of £349. I have no idea whether these are even legal in the UK but some quick research suggested they are being used in the US.

I gave the car a once over whilst visiting and soon discovered the oil level was not showing on the dipstick and the temp gauge rose to 90degrees after 5mins of the engine running at idle! Not good. The air-con does not work either and the remote key has to be used manually to unlock the car even with a new battery. Following my inspection of the vehicle I called ‘we sell car finance’ myself to discuss the matter. I was amicable with the woman who answered and insisted that I speak with the manager as the situation was unacceptable. I found the manager intimidating and she would not allow me to explain the situation to her, instead she talked over me and eventually hung up the phone. They were uncontactable for the rest of the afternoon until closing time at 4pm. There are similar stories online about both ‘we sell car finance’ and ‘credit4cars’ and I just hope something can be done to prevent them treating anymore customers in this way and indeed exploiting people who are unfamiliar with how cars & money work.

Essentially we feel the car is definitely not fit for purpose and everything about the deal stinks. As far as I understand my friend is still entitled to withdraw from the contract, get a full refund and walk away up to and including Thursday 28th May. He plans to report this matter in person to the Citizens Advice Bureau and deliver the car back to the ‘we sell car finance’ site in Oldham using a friends trailer tomorrow (Tuesday 26 th ). Obviously time is of the essence and I want to try and help them to get out of this horrible situation ASAP. Any help and advice all you lovely people out there may be able to offer us would be much appreciated!...

Thanks in advance!! Olly

Edited by Avant on 25/05/2015 at 23:22

Ford Mondeo - Purchase nightmare! - primus 1

I would contact your local trading standards and explain the situation to them and see where you go from there

Ford Mondeo - Purchase nightmare! - Manatee

Please note that the 14 day right of withdrawal from the consumer credit agreement will not cancel the contract to buy the car.

If your friend reads the Right of Withdrawal notice he will see that notice has to be given to the lender, and the loan repaid, in order to cancel the agreement.

If your friend is really lucky then he can give notice and the lender will either stop payment to the dealer (unlikely, as it has probably been made) or claw back the money (also unlikely and there is no requirment for them to do this).

What your friend does have is rights against both the dealer and the lender, who is jointly and severally liable for the dealer's obligations to your friend under the contract of sale (Section 75 of the Consumer Credit Act). So your friend should inform the lender and require the lender to fix the car or refund the purchase price, making it clear that he has sought a remedy from the dealer wthout success and he intends to enforce his rights against the lender.

I think your friend should also get whatever support and advice he can from TS and CAB.

E&OE. I'm not a lawyer.

Edited by Manatee on 25/05/2015 at 16:10

Ford Mondeo - Purchase nightmare! - longlegz

Wow! ok thanks for your responses so far... Manatee your advice seems particularly relevant. I will explain to my friend about his options. From what you are saying it seems as though the lender must be hounded asap as they are most probably the owner of the vehicle now if the money has changed hands. We need to find this out.

Good to know he still has some rights though. Thanks again very much for your help and advice.

Olly

Ford Mondeo - Purchase nightmare! - 72 dudes

Excellent response from Manatee.

Your friend is also covered under the Sale of Goods Act. The car was not fit for purpose and not of satisfactory quality. The faults were present at the time of sale, so he can reject the car in theory. (I'm not a lawyer either)

However, he/they have been very naiive and apparently did very little to try the car out before purchase. No remote locking is relatively minor but should have been picked up.

Watchdog last week featured Rogue Traders operating exactly this type of operation (might even have been the same company). They treat customers as stupid and are only interested in chasing sales = Bonus. They have a whole telesales floor of people doing the hard sell at crazy finance rates, while having 2 or 3 people in "aftercare" for complaints. The aftercare phone does not get answered. The sales team joke that they are selling carp cars which have not been serviced or checked. Ring any bells?

You need good legal advice so agree with Manatee that Trading Standards and CAB are first port of call. I do worry that these may not have enough 'bite' in the timescales involved, so maybe your friends can afford a decent solicitor? If not, a small claims court process would be the way to go.

Finally, if a new MOT certificate was issued, it might call into question the validity of the emissions test as fraudulent, but I fear that the sellers could easily say "well there was no sign of any blue smoke when we tested it, and here is the printout". Make sure you get it just in case.

Ford Mondeo - Purchase nightmare! - Alan

It might be an idea to take it for an MOT.

In the past I have bought a couple of cars I am fairly sure had iffy MOTs ; tighter controls now but still possible.

The thing to do is get it done soon before anyone can argue that any faults could have occured since it was done.

Ford Mondeo - Purchase nightmare! - Andrew-T

It might be an idea to take it for an MOT.

Of course it is now immediately obvious with the computerised system that the car has been recently tested - unless it hasn't, on the other hand ... The mileage history could be useful too.

Ford Mondeo - Purchase nightmare! - focussed

Having just had a look at this company's structure I strongly suggest that you are not going to get anywhere without professional help - ie get a solicitor involved asap.

Ford Mondeo - Purchase nightmare! - Smileyman

cancel the DD with your bank, to ensure no monies are taken without your authorisation (it will be easier to pay later than get a refund) - but beware in case the credit agreement has any clauses 'requiring' payment by DD with surcharges for failed collections.

Ford Mondeo - Purchase nightmare! - Hamsafar

There was a TV programme a few weeks ago that featured a company that sells classic supercars in Kensington and a company that sells clapped out cars to people who can't get credit and fits an immobiliser that they can activate if you don't pay the installments.

Is this credit a loan or secured on the car?

If secured on the car then just stop paying and let them take it back and send a letter saying the car has been immobilised depsite paying and therefore the contract has been terminated by forced majure and they should collect the car within 28 days.

We really need to know a summary of what was signed to know what advise to give, so see a proffessional such as Citizen's Advice. www.citizensadvice.org.uk

Edited by Hamsafar on 28/05/2015 at 10:30