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Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - Elritus

Hi,

we bought a Ford Focus Zetec (2008) from a local dealer a couple of weeks ago.

We noticed last weekend that the air con doesn't work. Not only does it not cool the car down but the fan hardly blows any air even when on maximum setting. We didn't notice it on the test drive as it was cold enought to not need air con but it wasn't cold enough for us to use the heating.

I phoned the dealer and he immediately said this belongs under servicing and that's not covered in the warranty which I don't really get. When we bought the car I asked what was included in the warranty and he simply said everything.

As far as i'm concerned no matter what the AC / ventilation system fall under, this should be covered by the warranty.

Can you let me know what you think and maybe if you could throw in a few lines that I can use if he tries to lead me astray?

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - Galaxy

You will have to read the conditions of your warranty very carefully to find out exactly what is included and what isn't. Personally, I would expect and aircon issue with a recently purchased car to be covered by the Sale of Goods Act, without even needing to resort to using the warranty.

Your dealer clearly doesn't want to know. I think, were it me, I'd have one last attempt at getting him to fix it and if that doesn't work tell him you'll contact Trading Standards.

Alternatively, since it probably only needs a regas, you could just pay to get it done yourself and then forget all about it!

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - RobJP

Doesn't matter what the warranty says - Sale of Goods Act is your friend here. The dealer is responsible. If they refuse, tell tell them that you want the refusal in writing to take to trading standards. I imagine they'll change their tune at that point.

Also, even though you've reported the fault to them, report it to them again by registered post, so that you've got proof of delivery, so they can't claim not to know about it.

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - leaseman

"You will have to read the conditions of your warranty very carefully to find out exactly what is included and what isn't." Complete rubbish Galaxy.

The rest of your post makes more sense.

OP. You are covered by SOGA. That's all you need. Write to the dealer, demanding that the problem(s) be rectified within 7 days, giving a specific date. Mention that you will approach Trading Standards if not resolved by then.

The wording of any 3 month warranty is not worth a light. Your legal rights will exceed anything therein. Tear it up! And I ran a warranty company for 6 years so take my word.

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - Galaxy

"You will have to read the conditions of your warranty very carefully to find out exactly what is included and what isn't." Complete rubbish Galaxy.

It's not complete rubbish, actually, since I was replying to the question that the OP asked. He was asking about his warranty and, the advice that I gave, was quite correct. Certainly not complete rubbish, as you have suggested.

As you rightly say, I then gave further practical details of how I thought the OP should proceed with this matter, even including one which could be used if he didn't want the aggravation!

All elements covered!


Edited by Galaxy on 10/06/2014 at 19:52

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - andyp

"We noticed last weekend that the air con doesn't work. Not only does it not cool the car down but the fan hardly blows any air even when on maximum setting"

Sounds like the cabin/pollen filter is blocked for one thing. As others have said its down to the dealer to sort, unlees you have had a stone go through the condenser since you bought it.

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - leaseman

That will be difficult for the dealer to prove andyp - accept everything you say, but the onus is on the dealer to prove that, not the OP. More likely that the previous owner disposed of it in that state- good reason to part exchange- nearly fell for it myself once! OP - contact the previous owner for a report, not that you need one. but it may shed light on more potential problems. Why not. Do it Now.

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - pd

No idea why people are mentioning Trading Standards. They are not concerned with nor responsible for a civil matter between two parties. Unless the car is unroadworthy or clocked they won't be in the remotest bit interested beyond giving you a leaflet.

If you do decide to persue it under the SoGA you will have to go to court. Be warned this will take 6-8 months and you'll need good documentary evidence. To be honest, on a 6 year old car, non-working aircon would be a tough one to win. It doesn't make the car unfit for purpose as a car.

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - Armitage Shanks {p}

From "Ask HJ" and the FAQs

During the first 6 months

The consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale. This comes from Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - pd

From "Ask HJ" and the FAQs

During the first 6 months

The consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale. This comes from Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003

The problem is that the above is written for a new products. Delve into the details and you'll find there is a new v used clause which basically says that a product at 40% of new cost only needs to be 40% as good as a new one. That is what leaves a massive black hole of no one really knowing where they stand because each case is judged by its merits. In other words what is "satisfactory" on a 6 year old car is different to a 6 month one but what is "satisfactory" no one actually knows.

Anyway, as I wrote above, ultimately you have to go to court to prove it. This is currently taking 6-8 months, costs about £500 minimum up front and involves a lot of time and work.

In practice, on used cars, the SoGA is no where near as useful as people think.

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - Armitage Shanks {p}

PD - may thanks for the polite correction! Clearly I am mistaken! I own a potentially problematic make and model of car and took out a 3 year after market warranty which extense to the time that I continue to own the car. Not the one promoted by QW, I don't know how good they are about claims and I will be happy if Inever have to find out. It cost about £300

Ford Focus Zetec 2008 - Does 3 months warranty from dealer cover faulty AC - Elritus

Thank you guys, you've been very helpful. I'll take it back on Saturday and see what they say.