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Major fault within 6 months of purchase - do I have any claim against the dealer?
We purchased a 2009 Ford Fusion 1.4 TDCI in the summer for £5495. We didn’t take any extended warranty on the car, but the dealer said he would give us three months cover.
A few weeks ago the car started juddering at 40mph. Our local independent mechanic identified the problem as the injectors and did not have the equipment to deal with it. It is now being repaired at a well recommended diesel engine specialist, who had told us that two of the injectors have been leaking so badly that they need to be replaced, and a third is also leaking, so he recommends that all four should be replaced rather than have further problems later.
He also states that this is a common problem with this particular engine and is satisfied that this problem would have existed when we bought the vehicle, though admits it may be difficult to prove. The work is going to cost over £1000. Do we have any case against the dealer?
A few weeks ago the car started juddering at 40mph. Our local independent mechanic identified the problem as the injectors and did not have the equipment to deal with it. It is now being repaired at a well recommended diesel engine specialist, who had told us that two of the injectors have been leaking so badly that they need to be replaced, and a third is also leaking, so he recommends that all four should be replaced rather than have further problems later.
He also states that this is a common problem with this particular engine and is satisfied that this problem would have existed when we bought the vehicle, though admits it may be difficult to prove. The work is going to cost over £1000. Do we have any case against the dealer?
Asked on 21 November 2013 by sem229
Answered by
Honest John
See: www.honestjohn.co.uk/faq/consumer-rights/
If the complaint is made within six months of purchase, the onus is on the supplying dealer to prove that the injectors were not already faulty or were not developing a fault on the date of purchase. After six months the onus of proof is on you. If this goes to the small claims track of the county court I can't predict what the judgement will be because we are now past six months from date of purchase. You will need a signed report from your mechanic at the very least.
If the complaint is made within six months of purchase, the onus is on the supplying dealer to prove that the injectors were not already faulty or were not developing a fault on the date of purchase. After six months the onus of proof is on you. If this goes to the small claims track of the county court I can't predict what the judgement will be because we are now past six months from date of purchase. You will need a signed report from your mechanic at the very least.
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