Ford Focus - Turbo blown, 1 week old, where do we stand? | Legal matters | Back Room Forum

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Tue 31 Jan 2012 18:24

Ford Focus - Turbo blown, 1 week old, where do we stand? - ipsga

Hi all, can you tell me where I stand legally. I've had a turbo go in a car a week old, this has been confirmed and verified via the AA and an independednt garage, the turbo is blown and had to be towed by the AA. The dealer has offered to have the turbo repaired but by the garage of his choice and has also stated that he is only required by law to make a contribution and not the whole fee- which I think is arrant rubbish but you may tell me otherwise.

My other question is, if he does get the turbo repaired, then he has said not only

a) does he get to take it to the garage of his choice

b) only make a part contribution

c) states that he is not required to supply any written documentation of the repair to the turbo which I cannot accept as I need this so that I can try and take out a warranty from the AA as they do cover turbos, but I would imagine that they would want to see that its either a new item or fully documented re-con.

Can you please give me some advice as I am obviously taking the legal route tomorrow and need to know where to strike

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Tue 31 Jan 2012 19:25

Ford Focus - Turbo blown, 1 week old, where do we stand? - tony g

Hi,can you confirm that you're talking about a new car ,that's just one week old ?
If that's so, theirs no doubt that the manufacturers warranty will cover the whole cost of the repair.

Again if you're talking about a new car it would be unreasonable to expect a reconditioned unit to be fitted.

However it's not clear from your post if it's the turbo that's new ,or the car.

If it's the turbo that's new ,you're covered by the sale of goods act,the retailer must pay for the whole of the cost of the repair or replacement.

Im not sure ,but I think he's entitled to have it repaired or replaced at a place of his choice .

If you have had the turbo replaced ,I'm not sure I would burden the aa with additional information about the replacement turbo,just use the invoice you got with the one you bought .

Don't forget you would be entitled to the balance of the warranty on the replacement turbo.
Please clarify

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Tue 31 Jan 2012 19:36

Ford Focus - Turbo blown, 1 week old, where do we stand? - ipsga

Hi tony yes sorry, its a used vehicle bought from a dealer, I've only had it a week though. The AA came out as it was not fit to drive and had to be towed, I had an independent inspection and they have confirmed the turbo has blown.

I've gone back to the dealer and he's said:

He can take it where he wants to be repaired,

He only has to contribute some of the costs,

He doesn't have to supply any documentation of the turbo repair.

So you can see the potential problems arising in that, if I can't see any documentation of the repair he has had carried out, and bearing in mind I do not trust him now as he's sold me a car that has just blown a turbo, then I can't get a warranty on the turbo when it is repaired, as the AA state on their gold cover they will only give a warranty on OEM / new Ford parts which I've already been told they aren't prepared to do.

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Tue 31 Jan 2012 20:28

Ford Focus - Turbo blown, 1 week old, where do we stand? - bathtub tom

I think you'll find:

1. The dealer's responsible for the whole repair cost.

2. He can get it repaired wherever he likes.

3. He doesn't have to provide any documentation.

Your local trading standards office should be able to confirm this and help you with any claim against the dealer.

How do you know the car's only fitted with OEM/Ford parts throughout? If another major component had failed before you bought it, any old junk could have been used to repair it.

Edited by bathtub tom on 31/01/2012 at 20:31

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Tue 31 Jan 2012 20:37

Ford Focus - Turbo blown, 1 week old, where do we stand? - ipsga

That's an excellent point tom, which is why he is perhaps this keen to get it back and have the work carried out his end as it were, gosh, its a legal minefield

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Tue 31 Jan 2012 22:12

Ford Focus - Turbo blown, 1 week old, where do we stand? - tony g

Hi,
From a purely legal point of view ,your problems not to complicated.

You bought a car and shortly after it had a major failure,the dealer who sold it is entirely responsible.

You are not required to make any contribution to the repair costs .

If the dealer wants to mess you about ,write to him and tell him that you will have the car repaired and pursue him through the small claims court .

The small claims court is an easy process ,if you need to go down that route ,get back in touch with the forum and the members will guide you through the process.

The issue is simply getting the car repaired properly ,other issues are peripheral ,
For additional information ,how old is the car and how many miles has it done,

Did the dealer give a written warranty and invoice.

Regards

Tony g

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Tue 31 Jan 2012 22:44

Ford Focus - Turbo blown, 1 week old, where do we stand? - ipsga

Hi Tony, thanks for all of that- much appreciated.

They didn't give a warranty although I am covered by the 'act 1974 and yes I do have a sales invoice. I really hope its as clear as you say, I will keep posted on here tomorrow.

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Tue 31 Jan 2012 22:45

Ford Focus - Turbo blown, 1 week old, where do we stand? - ipsga

Its done 95k and is 6 years..

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Tue 31 Jan 2012 23:06

Ford Focus - Turbo blown, 1 week old, where do we stand? - tony g

Hi.
Did the dealer write anything on the invoice ,such as trade sale ,vehicle sold to trade on.sold as seen no warranty given or implied.

Looking at the mileage and the age of the car ,I would be surprised if a warranty by the aa or anybody else would represent good value for you.

Warranties don't cover items that have simply worn out ,it's likely that the warranty company will regard most parts on your car as having worn out because of the mileage of 95000 .it's probably better to save the cost of the warranty and use the money to pay for repairs.

Finally don't place to much faith in trading standards ,they tend to only act against dealers who persistently flout the sale of goods act ,it's much better to use the small claims court to ultimately resolve issues with a dealer.

Regards

Tony g

Edited by tony g on 31/01/2012 at 23:09

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Wed 1 Feb 2012 08:09

Ford Focus - Turbo blown, 1 week old, where do we stand? - bonzo dog

Hi ipsga, as per bathtub & TonyG - if goods fail after only one week of ownership then the retailer is entirely responsible for a repair, replacement or refund.

Should you elect for the first (repair) then he can have the car repaired where he chooses as long as the work successfully cures the fault.

He is not required to provide any documentation re the repair, although if the turbo failed again the dealer may again be liable (as it could be argued the repair was not carried out correctly, so goods were still faulty) so it would be in the dealer's interest to obtain a parts warranty & an invoice for the repair as he / you could then claim against the repairer should the turbo fail again

don't place to much faith in trading standards ,they tend to only act against dealers who persistently flout the sale of goods act

Totally agree Tony, unfortunately

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Ford Focus - Turbo blown, 1 week old, where do we stand?

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