Mondeo TDCi DMF problem - dealer responsible?

[daKlone]

I wonder if anyone could clarify this for me?

I bought a second-hand Ford Mondeo 2.0 TDCi back in January of this year. It came with a 12 month/£1000 per claim warranty from a company called Warranty Management Services.

Within a week, it developed a starter motor fault. Reading up on the Internet, I discovered that a common fault on these cars is failure of the DMF (Dual Mass Flywheel) which is often the cause of the starter going wrong. I brought this to the attention of the dealer, the warranty company and the garage given the repair (the one nominated by the warranty company). The garage reported no problems other than the starter motor and replaced it.

Three months/6,000 miles later and the starter is playing up again, just the same. Again, this is a classic symptom of DMF failure (i.e. fitting a new starter only for it to fail shortly afterwards).

I have contacted the warranty company again, and they said 'Ah, yes, DMF failure. That's a design fault and we don't cover design faults!'. Spoke to the dealer who was initially smpathetic, and spoke to the warranty company rep for me. He came back and said that the warranty company would pay for another starter to be fitted, but he also said that if it is a DMF problem then 'its wear and tear, so not covered by the warranty'.

It seems to me, that given the fact that the initial problem manifested itself only a few days after purchase (and therefore is likely to have existed prior to my buying the car), and that it is a reasonably well-known fault, that I would have a claim against the dealer even if the warranty company won't pay out?

What do you think?

[Skatts]

Hi ,we have the same problem at the mo
We bought the same car and a week alter ,same fault
We immediatly stopped using the car and requested our money back as it was not fit for purpose ( Consumer direct /Trading standards helped with the wording of the letter as did kind folks on here )
When we bought the car it had already had a new starter motor fitted to 'mask ' the DMF faillure for a few thousand miles we were just lucky it showed up again so soon!
Take a look at my thread it may help?
Good luck!

[daKlone]

Well, the warranty company have refused to pay for the DMF, claiming that it is a common fault which occurs over time and as such is not a 'mechanical failure', and not covered.
I don't know what to do now.
Should I pursue the warranty company to pay for it, or given the fact that the fault manifested itself immediately after purchase should I go after the dealer on a SOGA breach?
Some advice would be appreciated!

[daKlone]

Anybody?

[raydetinu]

Your best bet is go for the dealer, SOGA etc. and get them to sort the DMF problem or give you your money back. inherent fault with the car when purchased. so dealer problem.

[daKlone]

I've now gone from a little annoyed to apoplectic with rage!

I have kept the dealer informed of what my intentions were throughout, including giving them the costs for the repair etc. Last Friday they offered £200 plus £350 from the warranty company towards the bill. I got the work done and my car returned on the understanding that they would negotiate with the warranty company for a larger contribution.

Spoke to them today and they say because I've had the work done and paid for it, I have assumed responsibility for it and they will pay nothing!!

They said that I have denied them the opportunity to fix it (which they have never, ever offered - they have always referred me to the warranty company). I feel like they have tricked me into getting the work done by using the warranty company as a smoke screen and now have pulled the 'opportunity to fix' line out of the hat to avoid paying!!

I'm so angry (both at them and myself for being fooled by thier 'reasonable' attitude) I can hardly type!!!!

[raydetinu]

To be fair you should waited and let them repair the car as you had pushed them for that solution.
its not clear whether you got the car repaired after the offer or before?
what did you have done and at what cost.
You may still have a claim if you had to get repair done so you could use the car, but they probably wont agree to the other garages total charge, as it is chaeper for them to do; trade discount on parts and they can write of labour costs against tax etc.

You can take them to court for the costs of the repair. they are still liable to put the car right in a reasonable time.

[daKlone]

I hadn't pushed them to repair the car - they always maintained that it was the warranty companies problem. As I said, they never even mentioned the possibility of them repairing it despite me telling them the total cost of the repair and what I was doing.

The offer was made while the repair was being carried out, which they knew was happening (although now thier recollection seems a little 'hazy'!).

The complete repair (DMF, clutch, starter motor & labour) cost £1170.10, of which £290.79 I am 'happy' to pay since it represents the cost of the clutch, which strictly speaking need not have been replaced (but with the gearbox off it is normal practice). So I am asking them for the balance, some £879.31.

Surely thier defence would required that they had offered to repair it at some point rather than wait until I've had it done and then say 'why didn't you let us do it'??

Surely they can't use that arguement after having previously made an offer of a contribution (which surely implies that they are not doing the work)??

[daKlone]

Spoke to a solicitor this morning and will see what he thinks.

[raydetinu]

Slicitor will cost you more than the repair!!!!!
Small claims is the way to go.

[daKlone]

Nah, £20 fixed fee consultation just to see what they think.