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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17441
Experience:  Senior Associate Solicitor
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I have a ford focus eco boost. Its on a lease with ford. Its

Customer Question

I have a ford focus eco boost. Its on a lease with ford. Its 2017 so out of warranty and they are saying its my responsability to sort. They want me to pay the last six months lease even thou its off the road. Is there anything i can do?
JA: Where are you? It matters because laws vary by location.
Customer: Stourbridge
JA: What steps have you taken so far?
Customer: i filed a complaint with ford. They closed it and classed it as unjustified
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The engine has a hole in it where it blow up. And this was 7 months ago. I have found an engine finally to replace it. But thought i better take advice before continuing
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 13 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JimLawyer replied 13 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 13 days ago.

Sorry to hear of the issue.

The warranty is not affected by your consumer rights.

The car needs to be fit for purpose and free from defects under the Consumer Rights Act 2015.

Further, if the car is on lease then you don't own the car - the lease company does.

The finance company owns the car here. You do have consumer rights which have been breached.

As the car is not of satisfactory quality, this is in breach of the finance agreement. They will know this and they are clearly trying to fob you off here.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the finance company) carried out with reasonable care and skill.

Furthermore, the car should be “fit for purpose”, "free from defects" and “as described”. If it isn’t then you can allege breach of your consumer rights and breach of contract. You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the finance company which would hopefully result in a resolution.

They can order the finance company to make a financial award for inconvenience if they have acted poorly. Once you have their final response, you can make the complaint here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Based on the circumstances, assuming the finance company does not uphold your complaint, I am sure the Ombudsman will do.

Here is a useful link: https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/car-finance

The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the finance company, but not you. So you would not be bound in law to follow their decision.

If the Ombudsman did not find in your favour, therefore, you then have the option of suing the finance company for breach of your consumer rights and you have up to 6 years to bring a claim to the court (the limitation period is 6 years from your date of loss, to when you need to issue a claim).

If you wanted a law firm to assist with this then any of these could help you further :

1. http://www.catalystlaw.co.uk

2. http://www.irwinmitchell.com

3. https://www.gorvins.com/services-for-you/dispute-resolution/consumer-dispute-reso lution/


Expert:  JimLawyer replied 13 days ago.

Apologies, I am not available for a call so another expert will speak to you shortly.

Expert:  JimLawyer replied 13 days ago.

I hope this helps

Expert:  JimLawyer replied 13 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim



Expert:  JimLawyer replied 13 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



Customer: replied 13 days ago.
jimi did not get it serviced by ford. Is that an issue?
Customer: replied 13 days ago.
jimlawerdoes it matter that i did not use ford to service the car?
Expert:  JimLawyer replied 13 days ago.

Hi, thanks. It may be an issue if the contract you have with the lease company says you must use a franchised Ford dealer to service it. You would need to check the terms of the finance agreement you have to confirm.

Customer: replied 13 days ago.
thanks @jimlawer
Expert:  JimLawyer replied 13 days ago.

My pleasure, thanks