Engine replaced under warranty?

[Nitecom]

Hi guys,

 

Wanted some advice on a major issue I've had with my Focus RS MK2

whereby it overheated recently due to a broken water pump (confirmed by the Ford dealership) after inspecting the engine,

they have advised that the cylinder heads and engine block are warped which is more than likely going to require a new engine/rebuild.

 

The car is currently under warranty but I have a nasty feeling that Ford will push back and say this was due to driver neglegence

even though I pulled over within 50 metres of seeing the warning light.

 

A bit of background history on this car,

 

since buying it back in August I've had numerous problems with the car,

a week after buying it I encountered a grinding noise coming from the bottom of the car,

 

after taking it back to the dealership they found a buckled alloy wheel and a bent driveshaft.

The car had a full M.O.T before I picked it up so surely this classes as not road worthy

and should have never been sold to me in that state?

 

Both of those parts were replaced but the grinding noise still continues to this day,

they've even replaced the brake discs and pads, but are still unable to locate the problem.

 

I've asked for a refund a few times,

but the dealership have always pushed back saying they need a chance to rectify the problem,

 

their latest stance on the grinding noise was that they could not locate the source of the problem so were unlikely to be able to fix it,

they even tried telling me that high performance cars can be make different noises to normal cars,

trust me this is not a normal noise and is not a result of the ride being different.

 

The reason I've outlined the above is because I think that they will refuse to replace the engine,

leaving me with a nasty bill and still finance to pay on the car,

 

if it gets to that point, do you think I have a case regarding the previous issues and the fact it was sold to me in a non road worthy state?

 

Cheers for any advice.

 

Not a happy bunny at the moment

[dx100uk]

the finance company are equally liable too

 

inform them of the issues.

 

if the issues were within 6mts then its down to the dealer to sort it FOC.

 

you could use the finance company to exert pressure on them to refund

 

dx

[Nitecom]

Thansk for the reply dx.

 

I spoke to the finance company yesterday and I'm waiting for documentation to come so I can log a complaint against the dealership with them. all of the mentioned problems have happened within 6 months of purchasing the car, bar the current engine problem.

[Rex Shepherd 7]

Thansk for the reply dx.

 

I spoke to the finance company yesterday and I'm waiting for documentation to come so I can log a complaint against the dealership with them. all of the mentioned problems have happened within 6 months of purchasing the car, bar the current engine problem.

 

If the car is being supplied under a Hire Purchase agreement then the so called 6 month rule cannot apply.

 

That rule is written into the Sale of Goods Act but your contract is with the finance company who are supplying you the car under the Supply of Goods (Implied Terms) Act

- which does not have the 6 month rule written into it.

 

Although the car was sold under the Sale of Goods Act to the Finance Company,

the Sections relating to the 6 month rule cannot apply here either because they only apply when the buyer is a consumer

- S48 - Additional rights given to consumers.

 

The Finance Company is not buying as a consumer so it does not have those rights against the selling garage.

 

Your only contract is with the Finance Company but, for the reason stated above,

you cannot benefit from this so called reversed burden of proof within the first 6 month rule.

[Nitecom]

Do I have a case regarding the drive shaft issue? I've done some research and part of the M.O.T testing procedure is to check for any damage to the drive shafts, outlined below.

 

Inspect as follows while the front wheels are jacked up.

1.

With the vehicle in neutral gear, rotate the wheels when they are on each lock in turn, and check visually the gaiters of the constant velocity joints while the pleats are expanded

 

.2.

Check:

a.

the front wheel drive shafts for straightness and damage

 

The M.O.T certificate provided to me was clear of any problems, but clearly they missed the bent drive shaft and as a result this car was not fit for purpose.

[heliosuk]

If the car is being supplied under a Hire Purchase agreement then the so called 6 month rule cannot apply.

 

That rule is written into the Sale of Goods Act but your contract is with the finance company who are supplying you the car under the Supply of Goods (Implied Terms) Act

- which does not have the 6 month rule written into it.

 

Although the car was sold under the Sale of Goods Act to the Finance Company,

the Sections relating to the 6 month rule cannot apply here either because they only apply when the buyer is a consumer

- S48 - Additional rights given to consumers.

 

The Finance Company is not buying as a consumer so it does not have those rights against the selling garage.

 

Your only contract is with the Finance Company but, for the reason stated above,

you cannot benefit from this so called reversed burden of proof within the first 6 month rule.

 

Very interesting post Rex.

 

The MOT is only a visual inspection so whether or not it was picked up is debatable and you have to separate MOT testing from the issue. As frequently pointed out, the test is only really valid at the time of inspection so any time after can technically be discounted.

 

It really does depend on the amount of "bend" in the drive shaft also. The fact it has been bent indicates something else as well. I take it you had a full HPI check done when you bought it?

 

If the car is under a Ford warranty, then there should be no problem in replacing the cylinder head, though to warp the block would entail some serious overheating. Personally I'd play this one out at the moment with the dealership but be very clear with the direction that you want the faults rectified.

 

Steer clear of threatening court action as you will no doubt be advised at some point as it will only get their backs up and slow things down. Action such as this should only be used as a last resort.