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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In April 2014 I bought a one year old Ford Focus automatic

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In April 2014 I bought a one year old Ford Focus automatic from Trustford main dealers in Alperton, London. I paid £12,000 cash for the car (made up of £7500 bank loan and £4500 from the sale of my previous car). It had 2 years Ford warranty remaining on it. I noticed a problem with the gearbox earlier this year and booked the car in with Trustford Epsom in early March for a service and asked them to investigate the gearbox before the warranty expired on 6 March.They did the service and informed me that Ford UK had put out a recall on all Focus models with auto gearboxes. They said they had done an electronic upgrade to a part of the gear that had cleared it. They added that the warranty on the gearbox was now extended for a further 2years. Whilst it made the problem less obvious, it was still not working right. I booked the car into Trustford Banstead shortly after and asked them to sort out the problem. I received a call from their service department to say that their computer agreed that there was a problem, but, under Ford UK's guidelines it wasn't deemed bad enough to replace or repair. Having looked on the internet it obvious that Ford have a worldwide problem with this type of gearbox( apparently Australia have banned the sale of cars with this type of gearbox). Can you advise me if I have a case for them to buy the car back from me for a "reasonable" amount as I cannot sell it in its current unrepairable state? Is there case for me to claim that they sold me the car knowing that the gearboxes were not of a merchantable quality? Or is there any other way to get a refund? Thanks for your help.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do you know the cost of repair please?Alex
Customer: replied 1 year ago.
Apparently Ford cannot repair the gearbox They have modified a manual gearbox to become automatic but it clearly doesn't work.
Expert:  Ash replied 1 year ago.
Ok - sadly you cant get a refund. This is because under the law if things goes faulty within 6 months they are deemed to be faulty. After this time you can only get a repair and as such your time ran out in October 2014 to reject.All you can do now is get a repair. If they are saying it is fixed get a second opinion and a quote for doing the work required. This then forms your loss. You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No. Thanks for your help.
Expert:  Ash replied 1 year ago.
Sorry its not better news. If I could invite you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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