Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty | Motoring discussion | Back Room Forum

Fri 15 Mar 2013 07:59

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - kedar301

As the titel says i need to know my rights regarding 3 months warranty from the dealer.

Bought Ford Focus Cmax 1.6 TDCi Zetec 54 plate from Bristol Blue Cars on 26/01/2013 for £1995 at 106,000 miles on clock, the current milage is more than 107,000.

Priot to that i had lots of convo regarding this car with the dealer, he is an independent dealer works from home. He promised me to givce me full ford service history as this car is an Ex-Mobility car.

At the time of purchase he didnt have the history as he was due to get the history from Peugeot Dealer as this was a part exchange. So he promised me to get it ASAP. but till date he isnt able to locate the history.

I did drive the car with no issue from Bristol to London as i was driving at about 60mph max 65 on M4.

At the day of purchase he gave me a small test drive in a small street as he didnt have the Road Tax, he got the MOT done for me couple of days back, with no advisory.

But in a week or so i felt steering shake so i brought the car to Ford Uxbridge and got it diagnosed, they found multiple things such as worn out arm bushes, buckled alloy, leakage turbo pipe are some of those.

Now after about 3 weeks car started showing Engine System Failure and lost power at a time on motorway (M25) while driving from work to home. I went straight to my mechanic but as i shut down the engine and started again the fault sign was gone, so he wa not able to see any fault.

After a couple of days the same fault came on dashboard so i went straight to him and without shutting the engine i showed car to my mechanic, he then attached his computer to find there is an UNKNOWN Engine Fault.

but car drove fine after diagnostic, in this time period i started feeling more and more steering shaking mainly while breaking gently (a firm break didnt give this shaking). Couple of days back i was driving on M3 and the car started showing the Engine System Failure along with Steering Assist Failure. and the car didnt take gas. I rushed to my Mechanic and he opend the engine just to found that the Fuel ffilter never been changed, and the injectors are clogged up. he quoted me £650 just to re-condition the injectors i told my dealer that i am not going to pay this but he denied that injectors are not covered under warrenty.

I am still waiting for that steering wheel shake issue and the turbo pipe needs to be changed as well, so all in all service is going to cost me round about £1000+. now dealer been agreed for replacement of Turbo pipe but not any other thing. i have asked my dealer to send me copy of warranty terms

SO can you guys please help me what should i do now? What are my rights? can i ge refund?

Sorry for long explanation.

Thanks in advance

Kedar

Edited by kedar301 on 15/03/2013 at 08:08

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Fri 15 Mar 2013 13:41

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - tony g

Hi,legally your entitled to a full refund or for the any serious faults on the car to be repaired .Thats not in question .

However your difficulty is getting the dealer to do the repairs ,or to make a contribution if you have the repairs done .

The only way to get the dealer to pay , is to pursue him via the small claims court .Initially you will have to pay the court fees of £300 ,which the dealer will have to pay in addition to the cost of repairs or a refund .its not worth getting involved with trading standards or citizens advice as they are pretty much toothless organisations .You can download the forms from the Internet ,fill them in and post a copy to the dealer ,so he knows your serious .Give him two weeks to pay before you take court action .

Having said all the above ,as a car dealer myself ,I've got to say .You bought a 7 year old car that was past its best with over 100,000 miles on the clock .You paid less than £2000 for it .Yet you want the dealer to spend £1000 to repair the car .Your an adult ,you should have known a car like that had potential for problems .Although your not legally required to be so ,you should be responsible for your actions .

Edited by tony g on 15/03/2013 at 13:43

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Fri 15 Mar 2013 13:43

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - Chris M

A couple of comments I would make.

Is the car one previous owner? It's a bit old to have been Motability only.

106k miles/8 yrs is a fair life for suspension components.

The Zetec alloys bend quite easily.

I'll leave others to comment on your rights and chances of getting satisfaction from a home based dealer and the worth of any warranty on what is a fairly old car.

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Fri 15 Mar 2013 17:27

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - pd

£1995 really doesn't get much of a working TDCi these days and if it doesn't go wrong after purchase it will go wrong later in my view.

As tony g has said, contact the dealer first. If he will not play ball (the most likely thing for him to do is ask you to return the car and offer a refund, possibly minus something for the use you have had of it. A £2k TDCi is not worth fixing if it has major engine trouble and he will send it to auction.) your only real option is to take them to court. You will not get any support in this so will need to do it yourself. By the way you describe it there is a chance of success but bear in mind it is a cheap high mileage car so the court may not deem all faults to be unacceptable.

The suspension issue and anything else which is fair game on a 106k mile car is just part of the car being quite worn out but it should run and it doesn't.

There is no such thing as a 3 month warranty by the way - pure fantasy. You have the right for the goods to be "satisfactory" for a "reasonable" period taking into account the price paid, age, mileage etc. What is "satisfactory" on a £2k 106k mile old car is open to debate hence no one will be able to give you a straight answer (let's put it this way: at about 11% of its new cost, you could argue it only needs to be 11% as good).

Edited by pd on 15/03/2013 at 17:30

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Mon 25 Mar 2013 00:13

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - jacks

A couple of comments I ,would make.

Is the car one previous owner? It's a bit old to have been Motability only.

106k miles/8 yrs is a fair life for suspension components.

The Zetec alloys bend quite easily.

I'll leave others to comment on your rights and chances of getting satisfaction from a home based dealer and the worth of any warranty on what is a fairly old car.

I would agree with this - the dealer is not right here.

Motability cars are leased by the benefit customer for 3 years and have a contract mileage of 60,000 - the customer can go over the mileage (at 5p p. mile) but it's handed back at 3 years regardless (or bought by the customer). The only time Motability will allow the lease to be extended is when the car is subject to very low mileages - total <15,000 after 3 years.

So an ex-Motabilty 8 year old 106,000 miler is impossible - and the OP would have had to visit the local DVLA office to change the taxation class from Disabled to PLG

Anyway - OP buys leggy 9 year old 100,000 miler TDI for 2 grand with "missing" service history & jackanory provenance .......................and it goes wrong shortly after purchase

Well - I 'd never have have guessed !...........really - I know there's some (well a lot) of dodgy dealers out there but does Joe Public have to make it so easy for them?

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Sun 24 Mar 2013 19:58

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - honest_mechanic

£650 quite a good price for recon injectors, but not a good price to recon yours haha they will only need a clean if clogged up, i sell injectors myself; the injectors on yours are delphi and the only problem you get with these is the controller, if that is fine they did not need reconing just cleaning, The injectors you have are used for kangoo mondeo jaguar and are nortorious for failing.

Edited by Avant on 24/03/2013 at 23:26

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Sun 24 Mar 2013 20:06

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - RT

Troll alert above - moderators.

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Sun 24 Mar 2013 23:27

Ford Focus CMAX 54 1.6 TDCi Zetec - Legal Advice - Dealer's warranty - Avant

Thanks RT - link removed.

Honest Mechanic - sorry but we can't allow free advertising.

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