New Car Problems Don't Get Done Get Dom


New Car Problems

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Transcript


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I've been fighting your consumer battles for years.

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But the same old problems just keep flooding in.

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'And it's all the usual suspects.'

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'Poor customer service, faulty goods and hidden small print.'

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'No wonder some of you are fed up with the way you're being treated.'

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They think they can afford to lose customers. If you don't go back, it doesn't matter, another one walks in.

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-The customer is forgotten.

-I couldn't agree more.

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Things need to change and we're on a mission to get companies to treat us better.

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'I'll be taking on your cases and fighting your fight with the big companies.'

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I think he'll be sensible and say, "Hands up. Have your money back."

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'I'll be showing you how to shop smart and stay one step ahead.'

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She's a really good shopper.

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-So remember, don't get done...

-..get Dom.

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'On today's programme, the newlyweds' brand-new car that had massive gaps.'

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Crikey! A gap like the Dartford Tunnel, that is.

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'Rani explores tenants' rights.'

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"I just popped by to see if everything was all right."

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I'm, like, "Excuse me. This is my house."

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'And the man who got rid of nuisance callers by making them pay him a fortune.'

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Then I invoiced them for 19½ minutes at £10 a minute.

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You know, buying a new car is a bit of a buzz.

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Everything you do the first time is really exciting.

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Like turning on the engine.

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ENGINE REVS

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And then, there's that lovely fresh smell.

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That brand-new, spanking, straight out of the wrapper interior.

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And then, you've got your perfectly polished and unmarked paintwork,

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like you'd expect with a brand-spanking-new motor.

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What about if the one that you picked up at the showroom wasn't up to scratch?

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'Unfortunately, that's exactly what happened to newlyweds

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Rachel Florey and husband Kevin from Bury near Manchester.'

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'They decided to celebrate their upcoming marriage by buying themselves a new carriage.'

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'A Ford Focus, to be precise.'

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'Brand-new and straight out of the Evans Halshaw showroom.'

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We decided to choose Ford because the Focus suited all of our needs.

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They're a well-known brand and we thought,

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"A new car, you're not going to get any problems with that."

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That's why you buy a new car.

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'It was a hectic moment for the couple,

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'who had more than buying a new car on their minds.'

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When we picked up the car, it was an exciting time for us,

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we were busy planning our wedding and honeymoon.

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We didn't take much notice of the car. We thought it was brand-new.

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It'll be perfect. It was a few weeks later that my father noticed

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that the rear of the car was out of alignment.

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'Yes, indeed. Unfortunately, once Rachel and Kevin had calmed down

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from the excitement of the wedding, they found their pristine new car

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was far from perfect.'

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The spoiler on one side looked a little wonky.

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There were lines running down the left-hand side of the vehicle that were symmetrical.

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But on the right-hand side there were huge gaps that you could fit your fingers in.

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'The worst affected panel seemed to be the tailgate.'

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'The couple simply hadn't thought to inspect these gaps when they collected their Focus.'

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'Like many new-car buyers they assumed that, with a factory fresh motor,

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they didn't need to worry about such things.'

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We were surprised to begin with, because you buy a new car

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and you expect it to be perfect.

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When you pick up a new car you look at paint defects,

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you don't look at build defects.

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'Rachel took the car back to her dealer, Evans Halshaw,

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'who said they'd investigate.'

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'She also raised concerns with the manufacturer Ford.'

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'It was agreed that Evans Halshaw would try and repair the alignment issues

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'and Rachel hoped this would solve the problem.'

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Evans Halshaw asked us to go and pick the vehicle up.

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We thought this meant it was repaired. We went to collect the car.

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It didn't look that much different than it did when we dropped it off.

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We highlighted this to Evans Halshaw.

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'A few days later, Evans Halshaw contacted Rachel to say that,

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'having carried out various adjustments to the tailgate,

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'the gaps now met Ford's standards.'

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'But Rachel still wasn't happy with them and worse was to come.'

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'The car soon developed other faults,

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'including windscreen wipers that wouldn't work,

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'and a problem starting their car.'

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'All told, these problems had damaged Rachel's confidence in her new Ford Focus.'

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By the sounds of it, Rachel's brand-new car

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didn't live up to its expectations and that's to say the least.

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I've come to meet her to find out what's been happening

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and also what's going on.

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-You must be Rachel. How are you doing?

-Hi, nice to meet you.

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-I'm soaked through. It's pouring down.

-It's always like this.

-I hope you've got the kettle on.

-Come in.

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'I'm keen to see for myself how the panel gaps were when the couple collected their car

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'before any adjustments were made by Evans Halshaw.'

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-Have you got pictures of what we're talking about?

-Yes.

-Let's see.

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-If you look at that, it looks like the boot's open.

-It does.

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-And that's shut?

-And that's shut.

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Crikey! A gap like the Dartford Tunnel, that is.

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If you look, comparing these two pictures.

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That's one side of the car where you can see

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it's just my fingernail in the gap.

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-On that side, my whole finger.

-That's unbelievable.

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-That's how it was delivered?

-That's how it was delivered.

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'Car manufacturers like Ford have strict standards for panel gaps.'

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'When cars are built, these gaps must be within a certain tolerance.'

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'Usually one or two millimetres of the agreed standard.'

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'From the photos, it seems unlikely the gaps were within tolerance when the car was delivered.'

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'But, as the tailgate has since been adjusted, we may never know for sure.'

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'The thing is, panel gaps aren't the only issue here.'

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We subsequently had problems with the ignition.

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The car just would not start.

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You would put the key in the ignition and the car would not start.

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'Having a car that wouldn't start was bad enough.'

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'At around the same time, Rachel had the unnerving experience

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'of having her windscreen wipers fail whilst driving in the rain.'

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They just wouldn't work.

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Given the torrential weather that you've witnessed in the northwest, it's not ideal.

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'Rachel reported the ignition and windscreen wiper faults to Ford

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'and a different Ford garage, Gordons of Bolton.

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'They made sure the windscreen wipers worked

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'and fixed the ignition faults.'

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'They also had another look at the tailgate to see if they could improve the alignment further.'

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'But it seemed, no matter how much adjustment was done,

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'the gaps on Rachel's car were never going to be perfect.'

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Have you ever heard the expression, "You've got a Friday afternoon car"?

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-Yeah.

-Right. By that, they mean one that's been

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rushed through, one wants to get home for the weekend.

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It's an expression. Your car's like that, one which might not have gone through all the checks

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or they haven't picked up on problems when they should have done.

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But, and here's the big but,

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when you go in and say, "I would like that Ford Focus," and give them your spec,

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it then goes through a PDI, a pre-delivery inspection.

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That's when a mechanic, a qualified mechanic,

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will inspect everything. Oil levels, brake-fluid levels,

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make sure nothing's been missed, no panel damage and that car is 100% ready to be given to you.

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'Those panel gaps look pretty big in the photos,

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'yet it seems nothing was picked up by any pre-delivery inspection.'

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Most garages now are really hot on customer service.

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It's something which is fundamental to them.

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They're doing everything they can to gain customers and keep customers.

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I'm a little bit surprised that I'm here addressing a problem

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which I would have thought was quite straightforward to sort out.

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Why hasn't it happened?

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Well, in all fairness, I really don't know.

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Right. What I'd like to establish is how long had you owned the car

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when you first alerted the dealership to the problem?

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We picked it up in February and we alerted the dealership in April.

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-Two months later.

-Two months, yeah.

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If it's that bad, why did it take you two months to notice it?

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When we picked the car up at the beginning of February, we were due to get married on the 3rd of March.

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We didn't spend time looking at the car, it was more toing and froing, getting ready for the wedding.

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Then we immediately went on honeymoon.

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We got married, went on honeymoon, came back.

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Then it was getting back into the swing of things with work.

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-Then it was in April that we alerted them.

-Totally understandable now.

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I'm with you on the two months.

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No-one could pull you up on that. It was a busy period in your life.

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'Once Rachel noticed the panel gap issue, she was in regular contact

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'with Ford over this and the other faults that cropped up.'

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'And, when after 3½ months, she felt the car still wasn't right,

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'she and her husband decided to take action.'

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We'd just completely had enough of the whole thing,

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so we formally rejected the vehicle back in July.

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We wrote to Ford and Evans Halshaw saying

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this vehicle was of unsatisfactory quality, we were rejecting the car,

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and that we would accept an exchange replacement of the vehicle.

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After several more weeks of paperwork and processes

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that Ford were telling us they were having to go through,

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Evans Halshaw came back to us and said,

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"We'll replace the car for you but we want £3,000."

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When they said that we'd have to pay £3,000 for a replacement car,

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I was just astounded, I was gobsmacked.

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'A like-for-like replacement for Rachel's car wasn't available immediately,

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'so Ford were offering her a higher-specification car with a new type of engine.'

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'They were also asking her for a contribution

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'towards mileage and depreciation for her existing Focus,

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'which she'd now had for several months.'

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'But Rachel wasn't happy with any of this

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'and wasn't prepared to pay another penny.'

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-How did you buy it?

-On finance. Part exchange and finance.

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That's not a bad thing, because, although you pay interest with the finance,

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-automatically you're covered by the Consumer Credit Act.

-Right.

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'That means that, in the highly unlikely event it becomes necessary,

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we could turn to the finance company for help.'

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I can go to the finance company, who are now jointly responsible for the quality of those goods,

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and say, "Rachel's car is not as described,

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it's not fit for purpose, whatever the situation may be."

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"Give us the money back or give us another car."

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What would you actually like as an outcome?

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We wanted another car. However, after everything we've been through

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and the months of stress and heartache Ford have put us through,

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I don't want another one now. I don't want to see a Ford ever again.

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-I want my money back.

-OK.

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So you want me to get on to Ford, get you a full refund.

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Slight complication because you had a part exchange.

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Their problem not yours, as far as I'm concerned.

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You want your money back, your interest back,

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no penalties for mileage and you can start again.

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-Yes, please. There you go.

-OK.

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Right. I'll be conceited and say you've got the best man on the job.

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I understand the motor industry. And I also know my consumer rights.

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-I'll see what I can do.

-Fantastic.

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-Thank you very much.

-Good to meet you. Speak to you soon.

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Anybody who buys a brand-new car should be full of excitement.

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Rachel's not and I can understand why.

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Let's see what Ford's got to say about it, shall we?

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'Rachel's main complaint is that she's not happy with the quality of her car.'

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'But we're dealing with a true motoring giant here,

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'because Ford are the fifth-largest carmaker in the world.'

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'And were the first to mass produce cars over 100 years ago.'

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'It's time to get on the phone.'

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'To help us direct your call to the correct team,

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'please choose from one of the following options.'

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How annoying is that? I'm just going to press two.

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'I opt for customer services.'

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I'm calling from the BBC.

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Thank you.

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Here's where I get put through to a press officer.

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'Sure enough, I'm told I need to speak to their press office.'

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Thanks very much.

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'For speed, I'm just going to redial.'

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KEYPAD TONES BEEP

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I'm just trying to ring them direct.

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RINGING TONE

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Tim, good afternoon to you. It's Dominic Littlewood at the BBC.

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'Tim doesn't want us to use his voice,

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'so I fill him in on the situation with Rachel and her car.'

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There's all sorts of issues.

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I think some you'll find shocking when you see them.

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I've got photographs...

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'He asks for the name of the dealer that sold the car.'

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She bought the car initially from Evans Halshaw.

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'Not a long chat but enough to let the Ford brass know that Rachel's got me on her side.'

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That guy knows what he's talking about. I can just sense it.

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That's good for me because, once he realises exactly what I'm fighting,

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I'll be very surprised if he wants to argue with me.

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I think he'll be sensible and say, "Hands up. Have your money back."

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'But, coming up, will it be as straightforward as I had hoped?'

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Sticking that in one of the gaps, to me,

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it's a hell of a tolerance they're giving it.

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I'm Rani Price. And there is nothing that I like better than helping you, the buying public,

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through the minefield of regulations to make sure you stay savvy shoppers.

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'Consumer law can be very confusing.'

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'You've got your Sale Of Goods Act, Distance Selling, Right To Return, and it doesn't stop there.'

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'But knowing just a few of these laws

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'can not only save you money but a lot of hassle as well.'

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Do you know what this is?

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Two for a tenner.

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'Today, I'm out on the streets armed with questions for the buying public,

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'to find out if you know your consumer rights from your consumer wrongs.'

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-Do you want to be on the news?

-No.

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Many people are being priced out of the housing market and forced to rent.

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The number of families renting has increased by 86% in the last five years.

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The number of complaints about landlords in the under-regulated rental sector

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has rocketed by a quarter in recent years.

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Which begs the question, do renters know their rights?

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Can I ask, do you rent a property?

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Do you rent a property? Do you? Do you? Do you? Do you? Do you? Do you?

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LAUGHS

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-You're a renter?

-Yes.

-You have a private landlord?

-Yes.

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-Do you know your rights?

-No, not really.

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-Do you know how to fight your rights?

-No.

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'There seems to be some confusion on the streets.'

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'Time for some expert guidance.'

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There are 3.6 million households in the private-rental sector in Britain,

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which has gone up 41% in the last five years.

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We predict that, at the current rates, by 2025,

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one third of people in Britain will be renting their home.

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'So, first up, I want to find out how much you know about repairs.'

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'Who is actually responsible? The landlord or you, the tenant?'

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Things are going wrong. Maybe, for example, let's have a think.

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-The bathroom's leaking.

-Yeah.

-Who's going to sort it out?

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The letting agent.

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-The tap starts to leak, something like that. What do you do?

-Call the landlord.

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If something goes wrong in your flat or your house, who do you call?

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-And don't say Ghostbusters.

-I'd call the agency.

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'All three of you think that the landlord or agency

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'is always responsible for fixing household repairs.'

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'Well, think again.'

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-Do you read the small print?

-Er, not really, no.

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Any major repairs are the landlord's responsibility

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and their responsibility to make sure the building's safe to live in.

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Minor repairs may be the responsibility of the tenant,

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but you should check your tenancy agreement for the rules on that.

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'But what about when you don't need to call your landlord

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'because they've already turned up at your place

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'and let themselves in without you knowing?'

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Your awful landlord, did you ever find him in your house?

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-Yeah.

-You did?

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What was he doing in your house?

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Your house that you were renting from him.

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-The old one, not this one now.

-Yeah, the old one.

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He was, like, "I just popped by to see if everything was all right."

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I'm, like, "Excuse me. This is my house."

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If you came home and the landlord was there just checking the boiler, what would your reaction be?

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I would be, like, "Oh, OK. Um, all right."

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Have you ever come home and somebody from the agency is in your flat?

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No. I know they're not supposed to or are allowed to come in

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-unless they give you 24 hours' notice.

-Very good.

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'Well done. Right answer.'

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'It's your home and it's up to you who comes to visit.'

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'Not only that...'

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If you turn up at home and your landlord's sitting in the house

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or going through the mail saying, "I'm just checking things up."

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You can ask him to leave. It is your right.

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'But if your landlord does insist on coming into your property uninvited,

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'refuses to carry out repairs, or resolve any other dispute,

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'does your rent become a bargaining tool?'

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Would you have ever thought of withholding your rent?

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I think that would be the last step.

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I suspect, if you withhold rent, they may be able to kick you out.

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Would you ever think of withholding your rent?

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I'd think of threatening it,

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-but I don't know if I'd do it.

-Well, don't.

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As a tenant, you don't have the right to withhold your rent.

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Withholding rent could put you in arrears,

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which could put you at risk of eviction.

0:17:570:17:59

So, remember, when you sign on the dotted line,

0:18:000:18:03

make sure you know what you've agreed to as a tenant.

0:18:030:18:06

Know your rights and you won't get done.

0:18:060:18:08

'I've been trying to find a way forward for Rachel Florey and husband Kevin.'

0:18:140:18:18

'A couple of months after buying a brand-new Ford Focus,

0:18:180:18:21

'they noticed some problems with the alignment of the tailgate.'

0:18:210:18:25

-Unbelievable. That's how it was delivered?

-That's how it was delivered.

0:18:250:18:29

'But soon after, the car developed other faults too.'

0:18:290:18:33

'The windscreen wipers stopped working.'

0:18:330:18:36

'There was also a fault with the ignition.'

0:18:360:18:39

'All told, these problems caused Rachel

0:18:390:18:42

'to lose confidence in her Focus.'

0:18:420:18:44

'So she decided to reject her car.'

0:18:440:18:46

'But having now had it for a few months,

0:18:460:18:49

'Rachel was asked to contribute £3,000 towards a replacement model,

0:18:490:18:53

'which would have to be a different higher-spec version.'

0:18:530:18:57

Obviously, for us, we'd bought a new car and we weren't happy.

0:18:570:19:02

'I've already told Ford that I'm on the case.'

0:19:020:19:04

'I'm keen to speak to Evans Halshaw, the dealer who sold her the car,

0:19:040:19:07

'to hear their take on the problems.'

0:19:070:19:10

'I've been told I need to speak to a chap called Martyn.'

0:19:100:19:14

'I explained why I'm ringing and checked that he's familiar with Rachel's case,'

0:19:140:19:19

'We supplied the car.'

0:19:190:19:21

'After Rachel raised concerns about the panel alignment,

0:19:210:19:24

'Evans Halshaw investigated

0:19:240:19:26

'and told her they'd made some adjustments and then checked the gaps against Ford's tolerances.'

0:19:260:19:31

'When we've checked the vehicle out,

0:19:310:19:34

'the tolerances are within spec that Ford has sent to us.'

0:19:340:19:38

Right.

0:19:380:19:39

'When I say tolerances, I mean the tolerances of the tailgate

0:19:390:19:43

'and the gaps between the tailgate

0:19:430:19:45

-'and the rear quarters, the rear panels.'

-Right.

0:19:450:19:47

'We've also compared it with other Focuses.'

0:19:470:19:51

'Again, it's well within tolerance within other Focuses.'

0:19:510:19:54

'Although Rachel was unhappy with the panel alignment on her car,

0:19:540:19:58

'even after it had been adjusted,

0:19:580:20:00

'Martyn says the panel gaps were within tolerances.'

0:20:000:20:03

'But he questions why it was over a month before they raised concerns about their panel alignment.'

0:20:030:20:09

'The lady took delivery, I think it was in February,

0:20:090:20:13

'and it was probably some time late March

0:20:130:20:15

'when she first brought it to our attention.'

0:20:150:20:18

-Yep. She got married in between and went on honeymoon.

-'OK.'

0:20:180:20:24

'The thing is, we'll never know exactly how the original gaps compared to Ford's tolerances.'

0:20:240:20:28

'That's not really the point. The fact is,

0:20:280:20:31

'faults like the misaligned panels caused Rachel to lose faith in her car.'

0:20:310:20:35

'From what Martyn's saying, it sounds like the problem

0:20:350:20:38

'was probably there when the car rolled off the production line.'

0:20:380:20:42

As far as you're concerned,

0:20:420:20:44

you think that's how it came out of the factory?

0:20:440:20:47

-'That's how it came out of the factory.'

-Right. OK.

0:20:470:20:50

-Thank you for your help.

-'Thank you. Bye.'

-Bye.

0:20:500:20:53

'Of course, the panel gaps aren't the only problem Rachel has experienced with her car.'

0:20:540:20:59

'And her case has got me thinking about what we consumers

0:20:590:21:03

'should expect from a brand-new motor.'

0:21:030:21:05

If you buy a car second-hand, you'll need to spend time checking out its condition.

0:21:050:21:11

Everything from whether the engine ticks over nicely...

0:21:110:21:14

..to whether the bodywork has got any dents or scratches.

0:21:190:21:22

Ouch!

0:21:220:21:24

And all the panels should line up.

0:21:260:21:29

Of course, when you buy a brand-spanking-new car,

0:21:320:21:35

you shouldn't need to worry about that,

0:21:350:21:38

because it's barely turned a wheel.

0:21:380:21:40

But is it actually as simple as that?

0:21:400:21:43

'Well, not according to Barry Wheeler.'

0:21:460:21:49

'Yes, that is his name.'

0:21:490:21:51

'He provides vehicle reports for insurance firms

0:21:510:21:53

'and is an expert on the construction history of cars.'

0:21:530:21:56

'He has heard stories of what can happen to cars

0:21:560:21:58

'between leaving the factory and reaching the showroom.'

0:21:580:22:01

While some cars are made in the UK,

0:22:030:22:05

the vast majority of cars are made abroad. And a lot of cars

0:22:050:22:08

are made in the Far East. In order for them to be sold here,

0:22:080:22:11

they have to be transported halfway around the world.

0:22:110:22:14

There's a lot of opportunity for damage to occur to a car during that transit process.

0:22:140:22:19

They sit on docks, they're in storage yards,

0:22:190:22:22

they have to be moved on and off of ships.

0:22:220:22:24

There's a lot of opportunity for damage to occur to these cars.

0:22:240:22:27

A lot of damage occurs, which then gets repaired

0:22:270:22:30

and the cars get sold on as brand-new cars still.

0:22:300:22:33

'Now, I should say here that this has nothing to do with Rachel's car

0:22:330:22:37

'and nor does it apply to Ford or Evans Halshaw.'

0:22:370:22:40

'But, if you're thinking about buying a new car,

0:22:400:22:43

'it's worth knowing what could have happened if it was damaged in transit.'

0:22:430:22:47

Manufacturers will sell a car brand-new

0:22:470:22:50

even if it's had panels damaged and repaired.

0:22:500:22:53

They will repair and paint it, sell it as a new car

0:22:530:22:55

without informing the customer that it's been damaged and repaired.

0:22:550:22:58

'Of course, the vast majority of cars reach the showroom unscathed.

0:22:580:23:03

'But, if there's a lesson here, it's that,

0:23:030:23:05

'even if you're buying a brand-new car,

0:23:050:23:08

'you should spend plenty of time checking the condition

0:23:080:23:11

'of the bodywork to make sure it's up to scratch.'

0:23:110:23:13

'And, if you have any concerns, tell the dealer as soon as possible.'

0:23:130:23:17

'Right, back to Rachel's case.

0:23:230:23:25

'Next, I'd like to speak to Gordons of Bolton,

0:23:250:23:28

'the other Ford dealer who had a look at Rachel's car.'

0:23:280:23:31

'Gordons fixed the windscreen wipers and ignition issues

0:23:310:23:34

'but were also asked by Ford to have another look

0:23:340:23:37

'at the alignment of the tailgate.'

0:23:370:23:39

'I'm keen to hear their thoughts.'

0:23:390:23:42

I'm trying to get to the bottom of what the issue is.

0:23:420:23:45

I've seen photos of the car, there's big problems with gaps and things.

0:23:450:23:49

What causes that?

0:23:490:23:51

'The chap doesn't want his voice used.'

0:23:510:23:54

'But he tells me, although they've done all they can to realign the panels,

0:23:540:23:58

'the gaps still aren't perfect.'

0:23:580:24:01

OK. That slightly concerns me.

0:24:010:24:03

If you've done everything you can to realign it and it's still not ideal,

0:24:030:24:07

still not correct, what other options are left for Rachel?

0:24:070:24:11

'And that's my point. If the car is never going to be perfect,

0:24:110:24:16

'then who can blame Rachel for wanting to reject it

0:24:160:24:18

'and have her money back?'

0:24:180:24:20

'There may be light at the end of the tunnel. Since my call to Ford,

0:24:200:24:24

'they've been in touch with Rachel and made an offer on behalf of them and dealer Evans Halshaw.'

0:24:240:24:30

'But I've still not had any answers on exactly what went wrong with Rachel's car.'

0:24:300:24:35

'So I get back on the phone to Ford.'

0:24:350:24:37

Tim, good afternoon. It's Dominic Littlewood at the BBC.

0:24:380:24:42

Somewhere along the line, it seems that these panels don't fit

0:24:420:24:45

and quite visibly very, very... Well, shocking is the word I'd use.

0:24:450:24:51

'Tim can't tell me exactly what went wrong with Rachel's Focus,

0:24:510:24:54

'but I know that Ford have commissioned reports into the car.'

0:24:540:24:58

'And I'd love to get my mitts on them.'

0:24:580:25:01

If we can have the reports, that would be brilliant. We can put it to bed.

0:25:010:25:05

'Something tells me I won't get to see those reports.'

0:25:050:25:08

Thanks for your time, Tim.

0:25:080:25:09

'That doesn't mean we can't get our own expert to have a look.'

0:25:110:25:14

It shouldn't have been allowed to have been sold in that condition.

0:25:140:25:18

Cold calls, they can drive you mad.

0:25:230:25:26

But most of us would just say, "Thanks but no thanks," and hang up.

0:25:260:25:31

But one man was hounded by so many cold calls,

0:25:310:25:35

he decided to take action.

0:25:350:25:38

'Richard Herman from Surrey is a man who appreciates a bit of peace and quiet in life.'

0:25:390:25:44

'He's a small-business owner.'

0:25:440:25:45

'In 2012, he decided he could quite happily work from home

0:25:450:25:49

'and avoid the hurly-burly of office life.'

0:25:490:25:51

'It meant he got to spend more time with his wife,

0:25:510:25:54

'but he found being at home was anything but free

0:25:540:25:57

'from disturbance.'

0:25:570:26:00

I found I was more aware of people who knocked on the door trying to sell things.

0:26:000:26:04

And more aware of the number of cold telephone calls that we received.

0:26:040:26:09

'Like many, he felt there was little he could do to stop the calls.'

0:26:090:26:14

'He believed his telephone number must've been sold on to one or more

0:26:140:26:18

'sales companies who were free to disturb him at will.'

0:26:180:26:21

It felt like somebody coming along and kind of doing this all the time,

0:26:210:26:24

which isn't an acceptable lifestyle thing to do.

0:26:240:26:27

In fact, talking to family and friends,

0:26:270:26:29

hearing that half of them don't answer their landline any more,

0:26:290:26:33

they leave it to go to answering machine or don't answer it at all.

0:26:330:26:37

Which is a real abuse, that we can't have a landline to be able to talk to people.

0:26:370:26:44

'One day, he received a call about PPI, payment protection insurance,

0:26:440:26:48

'from a company he suspected had rung him before.'

0:26:480:26:51

'Richard decided to play along with the call and pretend he was interested,

0:26:510:26:55

'just to get more information about the company.'

0:26:550:26:58

While talking to them, pretending that I could be a customer with them,

0:26:580:27:04

I had to carry on until they gave me their company name

0:27:040:27:07

and I could look it up on the internet.

0:27:070:27:09

I said, "Ah, I can see your address is XYZ."

0:27:090:27:13

They said it was right, so I knew who I was dealing with.

0:27:130:27:16

'Richard had all the information he needed,

0:27:160:27:19

'so he dropped the pretence he was interested and hit them with an ultimatum.'

0:27:190:27:23

I said to them, "If you call me again, I'll charge you £10 per minute for my time."

0:27:230:27:29

'It wasn't the response the company was used to getting.'

0:27:290:27:33

'Richard hoped his tactic would be enough to make sure they never rang back. Some chance.'

0:27:330:27:38

To my astonishment, two days later, on the 20th,

0:27:380:27:42

the phone rang again with similar kind of acoustics, similar kind of script.

0:27:420:27:46

And I carried on with it to find out who they actually were.

0:27:460:27:49

It turned out to be the same organisation again.

0:27:490:27:52

When I wasn't a customer for them, they hung up on me. But I called them back.

0:27:520:27:58

I said to them, "You need to be clear, don't call me again because,

0:27:580:28:01

"if you call me, I'm going to charge you again."

0:28:010:28:04

"You need to get this right and not call me."

0:28:040:28:06

'Richard felt he'd made it perfectly clear he intended to charge the company.'

0:28:060:28:11

'Now they'd called a second time, he made good on his threats.'

0:28:110:28:14

Then I invoiced them for 19½ minutes at £10 a minute.

0:28:140:28:18

So I sent them an invoice for £195.

0:28:180:28:21

'Richard didn't get a response to his invoice.'

0:28:210:28:24

'But he had no intention of letting the company off the hook.'

0:28:240:28:27

After 30 days, I hadn't heard anything from them,

0:28:270:28:30

so I sent a recorded-delivery letter to their registered office

0:28:300:28:35

reminding them that they had this unpaid invoice.

0:28:350:28:38

'The PPI company he had invoiced

0:28:380:28:40

'was quickly realising they had picked the wrong man to cold call.'

0:28:400:28:44

It's good in this kind of case to show a relentlessness to somebody.

0:28:440:28:49

In the first letter, the invoice, I said I want payment after 30 days.

0:28:490:28:54

Bang on the 30 days, I wrote the second letter. It shows I'm awake and paying attention.

0:28:540:28:59

And then saying to them, if I didn't hear from them in 11 days,

0:28:590:29:03

I'd raise a small claims court.

0:29:030:29:05

'Richard did finally get a response from the sales company to his threats of court action.'

0:29:050:29:10

'But it wasn't what he was expecting.'

0:29:100:29:13

'They sent a letter flatly denying that they'd ever called him,

0:29:130:29:16

'but that didn't bother Richard at all.'

0:29:160:29:18

'Unbeknownst to the company, he had a secret weapon.'

0:29:180:29:22

Receiving that letter amused me more than anything else,

0:29:260:29:31

because I record every phone call that I make or receive at home,

0:29:310:29:36

as we do at work, so I had the recordings of all these calls.

0:29:360:29:40

And in the recordings, it's got my name and their name,

0:29:400:29:44

so it's very clear what's gone on.

0:29:440:29:46

'There is a good reason Richard was able to record calls so quickly and easily.'

0:29:460:29:51

'It's been his line of work for over 20 years.'

0:29:510:29:54

One way of recording calls is with something like this,

0:29:540:29:57

which can sit in the computer, as you can see here,

0:29:570:30:00

or it can be used externally.

0:30:000:30:02

Fit it into the computer and you plug your telephone line into it.

0:30:020:30:05

And record calls straight on to the PC.

0:30:050:30:08

'This is the actual recording of the phone call that Richard made.'

0:30:080:30:13

'I charge my time for speaking to anybody at £10 a minute.'

0:30:130:30:17

'So if anybody calls, I'll be charging them by the minute.'

0:30:170:30:21

'I have an agreement that I'll be charging.'

0:30:210:30:24

'Richard knew he had the kind of killer evidence to easily prove the company had been calling him.'

0:30:240:30:29

When I received the two letters from them

0:30:290:30:32

denying that they'd ever called me,

0:30:320:30:36

that didn't upset me at all, because I knew I had 100% solid,

0:30:360:30:40

cast-iron proof to play in court of my voice, my name,

0:30:400:30:46

their company name all in the same audio recording.

0:30:460:30:49

'So Richard took a few simple steps to start a small claims court case.'

0:30:490:30:54

It's ineffectual to keep complaining to a company for month after month.

0:30:540:30:59

It doesn't get anywhere.

0:30:590:31:00

Obviously, nothing's happening, nobody's paying it attention.

0:31:000:31:03

But the small claims court does make any company, any trader,

0:31:030:31:08

which is of any size that they're not going to run away, disappear,

0:31:080:31:12

it does make them respond.

0:31:120:31:14

'When the company received notice of the court claim,

0:31:140:31:17

'and Richard informed them he had the voice recordings,

0:31:170:31:20

'they decided it was time to hang up on this argument.'

0:31:200:31:23

I had a letter apologising for what had happened and offering to pay the claim.

0:31:230:31:26

That was the £195 of my invoice and to refund the £25 of the court fee.

0:31:260:31:33

I felt pleased not to be the victim,

0:31:330:31:35

which is how I felt right at the beginning.

0:31:350:31:37

But I felt this company would be careful not to call me again.

0:31:370:31:42

'And they never have. It was a double victory for Richard.'

0:31:420:31:46

'He got his peace and quiet from nuisance calls and he got paid.'

0:31:460:31:50

'So, what does he think the key ingredients of his success were?'

0:31:500:31:54

Recording the calls.

0:31:540:31:56

What it was we were agreeing to. They could call me at £10 a minute.

0:31:560:32:00

I was clear, definitively, who they were,

0:32:000:32:03

which I got from checking the phone call against their website

0:32:030:32:06

and recording that in the conversation.

0:32:060:32:09

Send an invoice with a letter, very business-like and formal.

0:32:090:32:12

Send a recorded letter when it's ignored.

0:32:120:32:15

Then to raise the case in the small claims court

0:32:150:32:17

all on the dates I'd given them beforehand,

0:32:170:32:20

so they could see this was a relentless situation

0:32:200:32:24

that wouldn't be stopped unless they took an action.

0:32:240:32:27

'Well, good on you, Richard. You're an inspiration to us all.'

0:32:270:32:31

'I've been helping out Manchester newlywed Rachel Florey,

0:32:350:32:39

'who bought a brand-new car only to discover it had problems.'

0:32:390:32:43

'The panels on her Ford Focus didn't line up

0:32:430:32:46

'and the car has had ignition and windscreen wiper faults as well.'

0:32:460:32:49

'She wants to know how a brand-new motor like hers

0:32:490:32:53

'got to be in such a state.'

0:32:530:32:55

-There were huge gaps you could fit your fingers in.

-Crikey!

0:32:550:32:59

A gap like the Dartford Tunnel.

0:32:590:33:00

'I've been in touch with the dealer who sold the car, Evans Halshaw, and Ford themselves.'

0:33:000:33:06

'I've asked for any reports done on Rachel's car.'

0:33:060:33:08

'But none have come through.'

0:33:080:33:11

'So we've asked engineer John Dubeck to meet Rachel and take a look at her car.'

0:33:150:33:20

'He's a motoring expert who gives cars a forensic examination

0:33:200:33:24

'to detail their history.'

0:33:240:33:26

What I can see here is that somebody's had a go at adjusting

0:33:260:33:30

the hinges and they've painted it afterwards.

0:33:300:33:33

But the tooling marks are still there.

0:33:330:33:35

'Well, that much we knew, as two separate Ford dealers have attempted to rectify the fault.'

0:33:350:33:41

'But what about the rest of the car?'

0:33:410:33:43

I can say that everything's original.

0:33:440:33:47

But what has happened is, it's not been through the proper quality control checks.

0:33:470:33:53

Those quality control checks should start in manufacture.

0:33:530:33:57

It seems to have slipped through.

0:33:570:34:00

-Let's have a look.

-'John's ready to deliver his verdict to Rachel.'

0:34:000:34:04

'It's clear, he thinks the alignment should have been sorted earlier.'

0:34:040:34:07

Shall we? I've had a look over here.

0:34:070:34:11

And this is the area where I expect realignment to be carried out.

0:34:110:34:16

These are the hinges for the tailgate.

0:34:160:34:18

And you can see over here we've got the four mounting bolts.

0:34:180:34:23

What would happen is, they would slacked those bolts off,

0:34:230:34:26

reposition the tailgate until it's right,

0:34:260:34:30

fasten them up, keep checking them.

0:34:300:34:32

Then, once it's all right, put a little bit of paint again.

0:34:320:34:36

You can actually see the marks, it's called tooling marks.

0:34:360:34:40

-That means there's been a realignment process carried out.

-OK.

0:34:400:34:44

That process should've been carried out prior to you buying the car.

0:34:440:34:50

-At the factory.

-At the factory.

-Yeah, OK.

-If there was an issue

0:34:500:34:53

with alignment, all they had to do was slacken those bolts off,

0:34:530:34:57

reposition them, tighten them up again,

0:34:570:35:00

-keep checking until it's within tolerances.

-Right. OK.

0:35:000:35:03

Clearly, they haven't done it. What's it taken to get there?

0:35:030:35:07

It's taken the pre-delivery inspection not being carried out properly.

0:35:070:35:11

It's taken you to bring it to their attention.

0:35:110:35:14

-Unfortunately, you've had to nag them. It's not very good, is it?

-No.

0:35:140:35:18

'And what does John think of the alignment of the car right now?'

0:35:180:35:22

-Clearly, it's a lot better than it was before.

-A lot better.

0:35:220:35:25

But it's not 100%. But what can you do?

0:35:250:35:30

I think this is probably as far as you're going to get.

0:35:300:35:33

But it's not 100%, as I say.

0:35:330:35:36

The engineer from Ford said that, without cutting panels and welding,

0:35:360:35:40

they couldn't improve it any more.

0:35:400:35:41

It shouldn't have been allowed to have been sold in that condition.

0:35:410:35:45

Given the other problems you've had with the car

0:35:450:35:48

in that very short space of time,

0:35:480:35:51

-I think you've got a great case to reject the car.

-Yeah.

0:35:510:35:56

It really confirmed what we said all along that it was down

0:35:560:35:59

to the way it was built in the first place, which isn't my fault.

0:35:590:36:03

I shouldn't have to deal with that. It's down to Ford.

0:36:030:36:06

It's clear that, occasionally, even a brand-new car can have its faults.

0:36:060:36:11

But if you've shelled out your hard-earned cash for something as pricey as a new motor,

0:36:110:36:15

what are your rights when things go wrong?

0:36:150:36:18

'Rachel's been disputing the issues with her car for months now.'

0:36:200:36:24

'All she wants is to hand it back with no cost to her.'

0:36:240:36:27

'But does the Sale Of Goods Act apply to her situation?'

0:36:270:36:31

'I contacted a motoring expert to find out.'

0:36:320:36:36

If your new car doesn't meet the conditions

0:36:360:36:38

set out in the Sale Of Goods Act,

0:36:380:36:40

then you are within your rights to reject it.

0:36:400:36:43

If you've lost confidence in a vehicle,

0:36:430:36:46

because it's been repaired lots of times

0:36:460:36:49

and the repair wasn't successful, or if the fault continues to occur,

0:36:490:36:54

then you may want to reject the vehicle.

0:36:540:36:58

If it can be proven that the dealer

0:36:580:37:00

has been unsuccessful in repairing the car,

0:37:000:37:03

then he must replace it for you.

0:37:030:37:05

'But what if the dealer says there's nothing wrong with it?'

0:37:050:37:09

If a dealer has repaired your car

0:37:090:37:12

and you're not happy with the repairs, you don't believe it's worked, or was done badly,

0:37:120:37:17

and the dealer disagrees, then it may be worth you seeking a second opinion.

0:37:170:37:21

'In Rachel's case, a second Ford dealer did look at the car

0:37:210:37:24

'and did everything they could to fix it.'

0:37:240:37:26

'But there was only so much they could do.'

0:37:260:37:29

'With Rachel still not happy,

0:37:290:37:30

'I think it's return time. But what about those timescales?'

0:37:300:37:34

'Rachel didn't complain straightaway because she was busy getting married.'

0:37:340:37:39

The Sale Of Goods Act says that you must reject a new car within a reasonable time.

0:37:390:37:44

It doesn't actually specify what that time is.

0:37:440:37:46

But I think common sense applies.

0:37:460:37:49

If a fault is visible, for example, the paintwork is the wrong colour,

0:37:490:37:54

that's something very obvious and you'll notice it immediately and you should act immediately.

0:37:540:37:59

However, not all faults are visible,

0:37:590:38:01

if they're mechanical or electrical.

0:38:010:38:05

If this is the case, you wouldn't be expected to know about them immediately.

0:38:050:38:09

But, basically, as soon as you are aware of the fault,

0:38:090:38:13

you should act on it.

0:38:130:38:15

'So you can return a car that is still faulty after repairs.'

0:38:150:38:20

'That's good news for any car buyer.'

0:38:200:38:22

'Now, though, it's time to head back to see Rachel to find out

0:38:220:38:26

'more about the offer Ford and Evans Halshaw have made.'

0:38:260:38:29

'Is it enough to put a smile back on her face?'

0:38:290:38:33

-Hi, again, Rach, how are you doing?

-Good to see you.

0:38:330:38:36

-Can I come in?

-Come on in.

0:38:360:38:38

-Rachel, there's quite a lot happened since I got involved.

-Certainly has.

0:38:420:38:46

-Ford have got involved and started to pay more attention to you.

-Yes.

0:38:460:38:50

That's what we need. That's what you should've got from day one.

0:38:500:38:53

-You weren't happy with the service you received, were you?

-Not at all.

0:38:530:38:57

I was constantly ringing, emailing, sending letters, photographs, videos,

0:38:570:39:02

trying to make them realise that there is a problem with this car and they need to sort it out.

0:39:020:39:06

Something I wanted to do was get an independent report.

0:39:060:39:09

I'm glad you were able to witness that.

0:39:090:39:12

-Talk me through what the guy said to you.

-Well, he summarised

0:39:120:39:16

that it happened at the factory. It was the way the car was built.

0:39:160:39:19

Apart from that, he said it was not something you'd expect from a new car.

0:39:190:39:23

He knows, he's seen the pictures, he knows what I've been through.

0:39:230:39:27

He summed up that, if he'd have bought that car brand-new,

0:39:270:39:31

he'd have rejected it immediately.

0:39:310:39:33

When you hear that from an independent expert,

0:39:330:39:35

-it cements what you tried to do as soon as you noticed the problems.

-Exactly.

0:39:350:39:39

You doubt yourself. You start to think, "Am I being unreasonable?"

0:39:390:39:43

We know that, for months, we've been accommodating and patient.

0:39:430:39:46

We're not asking too much of Ford, we're asking them to replace the car.

0:39:460:39:50

I think you're right. At the end of the day,

0:39:500:39:53

you had a car that was a Friday afternoon one.

0:39:530:39:55

But it never should have reached you, the end user, the customer.

0:39:550:39:59

-Ford have contacted you directly, haven't they?

-Yes, they have.

0:39:590:40:02

-That's since I got involved.

-Uh-huh.

-Since I rattled their cage.

-Yeah.

0:40:020:40:06

And since I said, "Give her her money back."

0:40:060:40:08

What have they said to you?

0:40:080:40:10

We received a letter saying that they will give us a full refund

0:40:100:40:15

of both our deposit and the value of the part exchange,

0:40:150:40:18

which, obviously, we're very happy with.

0:40:180:40:20

'Bingo! Just the news I was hoping for.'

0:40:200:40:23

'It's a really positive result for Rachel.'

0:40:230:40:26

'A full refund will be paid by Evans Halshaw, the dealer who sold her the car.'

0:40:260:40:31

'This means, Rachel will be able to start again with a clean sheet.'

0:40:310:40:35

'And I'm pretty sure this time when she chooses her new motor,

0:40:350:40:39

'it'll be getting her own pre-delivery inspection.'

0:40:390:40:42

As it stands now, you've wiped your hands of the car,

0:40:420:40:45

you've given it back, you're getting all your money back.

0:40:450:40:48

Very happy and grateful for your involvement and everything you've done.

0:40:480:40:52

Because it took me seven months to get nowhere.

0:40:520:40:55

-As soon as you get involved, it seems that they came up with the answer that we wanted.

-Yeah.

0:40:550:41:00

But, this is what annoys me about a lot of big companies,

0:41:000:41:04

you should be able to do that yourself and very easily.

0:41:040:41:08

Send a message to them now. What would you suggest they do in a situation like that again?

0:41:080:41:12

Improve the customer service.

0:41:120:41:14

If it's something that's down to the way the car was built,

0:41:140:41:17

replace the car, it's Ford's problem, it isn't the customer's problem.

0:41:170:41:21

-Will you every buy Ford again?

-Never. And I will never let a friend or family buy a Ford.

0:41:210:41:25

Which is a shame. A big shame, because they're a big manufacturer and very good and well respected.

0:41:250:41:31

-But they've let themselves down in this one.

-Definitely.

0:41:310:41:34

'We spoke to Ford and they told us...'

0:41:340:41:36

'They also said...'

0:41:500:41:52

'We also spoke to dealer Evans Halshaw, who said...'

0:42:030:42:07

I'm so grateful and very happy in the end.

0:42:380:42:41

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