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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69998
Experience:  Over 5 years in practice
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I purchased a new Ford AWD Kuga in September 13. I purchased

Customer Question

I purchased a new Ford AWD Kuga in September 13.
I purchased the car for its good mpg - urban 39.2 - extra urban 54.4 - combined 48.9 mpg.
I have returned to the dealership and complained about the poor MPG and they verbally agreed it was poor and asked me run the car in !.
I have not got more than 38MPG and I drive mostly on motorways on cruise control I have driven at many various speeds to try and find the optimum for best MPG.
I would like to return the car to Fords and reject it as not performing as advertised in their sales brochure. What are my rights please.
Charlie Mulvihill
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When did you notice this please?
Customer: replied 3 years ago.

within a few months of purchase

Customer: replied 3 years ago.

within the first 2 months of purchase

Customer: replied 3 years ago.

Hi Jo,


Have I given you enough information for an informed answer?

Expert:  Jo C. replied 3 years ago.
Sorry, I just lost my connection.

How many miles has the car now done?
Customer: replied 3 years ago.

the car has done 6500 miles approx., no less, the car


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Customer: replied 3 years ago.

the car has done 6500 miles and is a diesel model.

Customer: replied 3 years ago.

Hi Jo,


Are you still connected

Expert:  Jo C. replied 3 years ago.
Thanks

Until a car is run in and has done at least a couple of thousand miles, the engine is said to be tight and it will never return the claimed mpg.

However, after 6500 miles, that should not present a problem any more.

If there is any liability at all with this, it is with the dealer and not the manufacturer because, under the Sale of Goods Act that is where liability rests, with the seller. The vehicle does not correspond with description (mpg) and are not of satisfactory quality. There is possibly also a cause of action under the Misrepresentation Act.

You are however only entitled to reject the vehicle within a fairly short time and there is caselaw to that effect for a major defect and after that, your remedy is damages. The extent of those damages could be the price of the car to enable you to buy something else or the diminution in value when you come to sell the car as a used car having taken into account something for the use that you have had.

When the car has probably been run in which it appears to be if it is still not approaching the figure, then you will have no option but to sue the dealer for damages based upon breach of the provisions of the Sale of Goods Act in the vehicle you.

The cost of suing the dealer is not be ignored and the dealer is likely to defend this. If this went to a fully contested trial, it could easily cost the loser £10,000 in legal costs although if you won, you would get those awarded in your favour against the dealer.

There is no legal aid available for this and therefore you would be faced with funding the legal costs yourself. It is unlikely that you would get a solicitor to take this on, on a no win no fee basis. It is also highly likely that the dealer will defend your claim.

This is all presuming of course that there is not actually anything wrong with the car so before you rush off into litigation, it might be worthwhile taking the vehicle to another dealer or a fuel injection specialist to have the fuel injection and fuelling system checked over in full.

You are certainly going to need some independent expert evidence to confirm there is nothing wrong with the car and you are going to need some independent expert evidence with regard to the number of mpg that it does. If the vehicle has a computer which indicates the mpg, it might be worthwhile taking some photographs of the screen.

This is not litigation to be taken on lightly.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69998
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Have I passed the point at witch I can reject the vehicle on the grounds of misrepresentation.


 

Customer: replied 3 years ago.

I did take the car to another ford dealer and they could not find anything wrong with the car although they did not check the fuel system - they just checked for any software updates od which there weren't any.

Expert:  Jo C. replied 3 years ago.
Unfortunately yes. The vehicle is 6 months old almost and I suspect that would be too late.

You do still have a claim for the diminution value

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

'FOR Jo C'.


thanks for your help.


 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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