Ford Kuga Titanium X - Where do i stand legally - Phil Mac Arthur

Hi H.J.

My problem is this.I brought a Ford Kuga Titanium X from Hendy Fords in Eastleigh last July.When we had some bad weather in September the car starting letting in water from the sunroof area.I informed Hendys about this.And was told by the salesman i dealt with that it was the drains and that I had to get them cleaned out.

After a bit of a rant on their Facebook page.Their service manager arranged for me to take the car down to their lot.And they would sort it for me.The car has leaked on me a total of 4 times now.I've also added an extra 400 miles of unnecessary mileage to the car.

They'd had the car for a total of a month.And still they reckoned they couldn't get the car to leak.But i get it back.And it leaks.So after the fourth time that it happened.I spoke to and emailled them to say that i was rejecting the car.As it was not fit for purpose.I gave them the chance to find me another like for like Titanium X.Or refund me my £12500.

Now they've told me that they have found another Titanium X.This 1 is a manual.Mines an automatic.Its of the same year.With 5000 miles less.But it also doesnt have a tow bar.Again mine does(This apparantly was a £400 optional extra.But it was pointed out to me.And it was part of reason i brought the car.

Now this other Titanium X they've valued at £12250.Mine at the start was £13000.They gave me £500 for a px.And i paid the £12500 cash.I was also told that most cars depreciate by about £2000 in a year.Now i've only had mine less than 6 months.And they valued my car at now £10000.I dont know where they get their sums from.As that means that my car has gone down by £2500 in less than 6 months

Now i've been told that at first they wanted or expected me to pay an additional £1000 towards the replacement.I refused.As i dont think i should be paying anything.As i have been sold a defective vehicle.It now stands at the moment that i'm waiting for the replacement car to come in to them.And i'll be sent some pictures of it.They now want me to pay £400 towards the car.

I've told them that i'm very unhappy at having to be forced to pay any extra towards another car.As clearly the fault is a manufacturing 1.

I just wanted some advice as to where i stand in regards of either rejecting the replacement and demanding a full refund under the consumer good act 2015.

Also if i have to pay this additional £400 for the other car.Am i in a position to ask for a new warranty on that car.And a fresh mot.And that they cover their labour cost for changing the towbar over.As a gesture of goodwill ?

Any and all advice would be greatly appreciated

Many thanks

Phil

Ford Kuga Titanium X - Where do i stand legally - Avant

People on here may be able to advice you but we're not experts. If you want advice from HJ himself please Email:

letters@honestjohn.co.uk

He gets a lot of letters so if'll help if you could shorten this a bit.

Ford Kuga Titanium X - Where do i stand legally - skidpan

As far as I am aware if the rejection takes place within 4 weeks the seller has to refund the full amount with no deductions (other than presumably accident damage - they should not be paying for the buyers carelessness surely).

From 4 weeks to 6 months they are entitled to deduct a "fair" sum for the use the buyer has had a depreciation. Trouble is the legislation does not define "fair" so its up to the seller and buyer to agree a figure.

Presumably no agreement would lead to a court deciding for them with associated costs.

After 6 months I don't think there is any mechanism in the legislation thus its probably down to a PX offer.

Ford Kuga Titanium X - Where do i stand legally - Palcouk

It now being 5+ months since delivery you no longer qualify to reject the car as 'not filt' unless the seller volantarily offers a PX

In any case any qualifying reject/refund would be for what you paid and after 5+ months there would be a fair use charge

Have you started the car, run it up to normal temp then liberally used your water hose, if it leaks then you can repeat this at the sellers site