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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16867
Experience:  30 years as a practising solicitor.
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Is it possible to obtain a full refund from a car

Customer Question

Is it possible to obtain a full refund from a car manufacturer 9 months after purchasing a brand new car . I purchased my car in Sept 2020 and started to have battery problems in March 2021. The car has been back to the dealership who maintain that there is nothing wrong with the battery. There is a wealth of evidence on online forums though that indicate that many many customers are having the same problem. I feel that the car is not fit for purpose, a new car should not have to have a battery charged three times in eight weeks! I would appreciate any advice you can supply. Many thanks
JA: Where is this? And just to clarify, when was the purchase made?
Customer: I live in Scotland, the car is a Ford Puma, still under warranty and was purchased in September 2020
JA: What steps have you taken so far?
Customer: I have been in discussion with Ford Customer Service dept who advised that the car had to go back to the dealership it was purchased from for a checkup, this happened at end of April 2021, they said there was nothing wrong, charged the battery and sent me on my way. One of the techs did admit that there are far too many modules on the car for the battery to cope with. Today the warning messages re the battery appeared on screen again.
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 car was bought outright, not financed. Can’t think of anything else at the moment, the dealership that it was purchased from was Macklin !otors in Dunfermline, Fife.
Submitted: 17 days ago.
Category: Scots Law
Expert:  JGM replied 17 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 17 days ago.

Your contract is with the dealer, not the manufacturer. If this fault has persisted since the purchase and the dealer hasn’t arranged for it to be fixed, and the defect being material, you can reject the car as being of unsatisfactory quality since it’s purchase. You should request a refund. If that isn’t forthcoming you will have to sue the dealer in the sheriff court. If the cost exceeds £5,000 you should instruct a local litigation solicitor to act for you and claim costs back from the dealer.

Expert:  JGM replied 17 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 17 days ago.
Can I just clarify, you state that ‘if the fault persisted since purchase’ it took six months for the battery to develop the fault which is now persistent, do I still have a claim?
Expert:  JGM replied 17 days ago.

I would argue that you do. A battery in a car should last for substantially longer than 6 months.