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    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
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    • £18 billion on PPE instead of £3-4B max £22 billion on trace a test instead of about £2-3 at most as in other countries for doing better £500 million on eat out to spread the virus instead of 150M to feed kids and support local businesses   Thats £35+ billion in taxpayer money wasted    
    • Sorry but I don't necessarily agree with my site team colleague above. I'd like to see diagrams and understand the situation fully before making a judgement. I've been asking for a diagram since Thursday evening – and I'm still not sure why we don't have one. I understand that the van was pulling out from a parking position.
    • the van was stationary when hit..... sorry end of the matter.   it doesn't matter he p'haps  'did something wrong'  its like say running a child over and saying well if he didn't run in the road he wouldn't of got hit.... you should not have been driving in a manner be it legal or not, whereby you could not take the necessary actions to avoid it.   so where do you now stand, what is not resolved to a manner which you feel this is unfair to you...
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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2012 Ford Focus Transmission Control Module failure


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I have a 2012 Ford Focus that broke down 8 days after the extended Warranty on the Transmission Control Module (TCM) ran out.

 

The local Ford dealer requested that it be treated as a warranty repair but Ford declined.

The garage has asked me to contact Ford direct.

 

From my research the TCM for the 2012 Focus is a long standing and known Ford issue.

In Australia the warranty extension was to 7 years and in the US, the warranty extension was to 10 years. In the UK it is 5 years.

 

Apart from facing a bill of £600 plus,

it is particularly frustrating in that:

1. The car was serviced by my local Ford garage in August (which would have been within the 5 year warranty) and when I took the car in I did request that they investigate a juddering issue.

 

The service desk took notes of the various things that i had asked to be done but apparently this particular issue was not logged.

 

I therefore have no physical evidence that the juddering which is a classic symptom of a TCM issue occurred during the warranty period

(I do have a word doc in which i made notes about what i wanted doing, the properties of which show the date of 4th August, but this is not being taking into account).

 

2. The local garage did actually phone to tell me that the repair would be done under warranty. They are not disputing that they told me this. However, when it came to processing the paperwork, they then informed me that it wasn't a warranty repair.

 

3. the car was given a software update for the gearbox in 2016 and 2017 services which I understand was to help with juddering on gear changes.

 

So my questions:

a. Do I have a case for requesting from Ford that the repair is considered a Goodwill out of warranty gesture? The car has a full ford service history.

 

b. Do i have any case for making a complaint to the local dealer who wrongly informed me that the repair would be covered?

 

c. Is there any way to prove the legality of the word document that contains my notes from the service. It was created and saved on 4th August, on the day I made the appt for the car to be serviced?

 

Forgot to say that the local garage has been helpful albeit not in actually getting the repair accepted under warranty. They have given me a loan car as the repair is now into its 6th week.

 

Another additional note.

If this was a regular consumer item like a tap or a TV then I would go down the 1973 sale of goods act that the goods need to be fit for purpose and that there would be a reasonable expectation that the TCM unit would have a longer lifespan than 5 years,

 

in effect there is an implied warranty but it appears from my research so far that the car manufacturers don't back down when this is put to them.

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I have a Fiesta 2012 model auto gearbox with the same shuddering problem.Like your self done a lot of research and as you have found the USA have had replacement parts and warranty extended to 10 years.I think in Australia there is a legal challenge being made against Ford over the fact there has not been a recall and free replacement box.I have emailed Ford UK and so far they have responded just to get Reg Number and name and address, still waiting for next response.This is a worldwide problem on Fiesta and Focus Auto gearboxes.How the hell they have got away without a recall in the UK I am not sure.Will keep pursuing Ford...GOOD LUCK

FS

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Hi FS,

I spoke to Ford customer service yesterday and they can see where the local garage has raised a warranty case which was declined and closed.

 

The escalation path I have been given is to write to customer services with any additional details, which they will link with the original case, and then they'll get back to me.

 

I've given them the full sorry details, including what I consider to be poor service from the original ford garage.

 

I think what is frustrating is that it is a known issue that is getting treated differently in Australia and USA where the extended warranty is longer.

 

I accept that local markets and local conditions may differ but fundamentally, we all have the same issue with the TCM failing.

 

In fact, I couldn't find any information about the length of the warranty for the UK market, until I was told my repair wasn't covered.

 

Another question for anyone in the know

- when I booked the car in for the service,

should the local garage have told me that there was an extended warranty on the TCM part?

 

They would see this instantly after inputting the VIN onto Ford's own servicing website Ford Etis.

 

If the local garage had notified me about the TCM warranty,

then I would have linked this to the juddering issue.

 

They only mentioned the software update on the gearbox which I see from other forums, is step 1 and 2 that Ford go through before replacing seals (step 3) and then the TCM (Step 4) for people reporting issues.

 

Good luck with your case

- did you email customer services or have you escalated further?

 

Hi FS - how long ago did you email Ford, do you have any indication as to their service standards for getting back to you?

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rob667 emailed them just a few days ago,

 

got a quick response but only to ask Reg,

name address etc and how they could contact me,

 

I sent a reply,

NOW it's all gone quiet,

which I suspected it would.

 

Will keep in touch as things happen IF ANYTHING

 

good luck FS

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Oh, I'm here :-)

Just waiting for you to arrive :madgrin:

 

I'm good, but not even the mighty Hamster can change Ford policy.

 

The two case's are with Ford CS. Proof of failure whilst covered under the warranty extension would help but it doesn't look like they have it.

 

Not much to be done now.

 

H

42 years at the pointy end of the motor trade. :eek:

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Ford CS rejected a gesture of goodwill repair out of hand citing the fact that the car was considerably outside of the 3 year warranty period.

 

They conveniently ignored the fact that the car was 8 days outside of the extended warranty period so am writing back to Ford CS. The car has full Ford main dealer SH and I have been a loyal Ford customer in the past.

 

Hammy - is there anything else I can mention that might influence Ford CS? Have you come across anyone that has successfully argued for a goodwill out of warranty repair?

 

Does threatening to raise a fuss on social media, the press make any difference?

 

I believe the Sunday Times recently ran a story on warranty/out of warranty repairs judging by the two letters that appeared in the 30th Oct issue from readers that had successfully argued for a goodwill repair, albeit these were not with Ford.

 

Hi FS - have you had a response yet?

 

 

I had to phone as they didn't reply to the email I sent within the 3 days turnaround that they aim to provide.

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Got an insulting email today,they have NO KNOWLEDGE of any problems with the automatic gearbox on my vehicle if there was then a recall would be in place, further anything I have read on the internet,they cannot comment on.

My reply as you can imagine was just short of Furious

 

fs

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Whoa everybody, clarification needed. Which i'm trying to get.

 

More than one type of gearbox\clutch fitted to '2012' Fiesta!!

 

H

42 years at the pointy end of the motor trade. :eek:

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we don't have lawyers in the uk.

 

please don't use a no win no fee fleecer

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It does look like a situation where it would need someone to take up the legal case and then get others affected behind it which is what happened in the US and Australia with class action lawsuits against Ford - hence the longer extended warranty and greater level of support that ford offer in those countries However, I'm going to continue going through the Cust Services route until the case has been suitably escalated.

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Got an insulting email today,they have NO KNOWLEDGE of any problems with the automatic gearbox on my vehicle if there was then a recall would be in place, further anything I have read on the internet,they cannot comment on.

My reply as you can imagine was just short of Furious

 

fs

 

This model Fiesta has what I would call a traditional, hydraulic, automatic gearbox. It is the models after which have powershift. The clutch is automatic, powered and dual, the gearbox is traditional (more or less).

 

The gearbox is a traditional synchromesh gearbox with 'powershift' dual clutch. It is the dual clutch in the powershift which can cause issues. This Fiesta does not have this.

 

It might be juddering, it might be the gearbox, but based on the information I have it is not the dual clutch problem, it is something unconnected.

 

Which is why Ford Customer Services have come back to you and said there are no recalls or issues relating to your vehicle because the issues affecting your vehicle are not as a result of the dual clutch issue. There is never any intention to insult.

 

I would suggest getting a diagnosis at a local automatic transmission specialist. Unfortunately this will be chargeable as the recall etc. relates to a different type of gearbox.

 

H

42 years at the pointy end of the motor trade. :eek:

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This thread now seems to have two OP's (Oximoron I know) The original, Robmiller667 has a 2012 FOCUS. THe second, firstship, is the one with the 2012 FIESTA. This is very confusing for anyone viewing. For clarity could site team split and create new thread with relevant posts attached?

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Standard auto generated email response from CS in response to my request for a written reply to my original email to customer services. So far only had the verbal comment as mentioned in the post above that it was outside of the warranty. Apparently in their email response there will be details of how I can escalate further as they refused to do that on the phone.

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  • 1 year later...

I have a 2012 Ford Focus with the dual clutch transmission , had the clutch pack replaced June 2017 as was still within warranty , done considerable less miles in the past just under 2 years and yet again the clutch has gone but apparently the part they used to fix only comes with a years warranty so basically they are saying here is a fix for the clutch problem but oh wait it’s not actually fixed but sorry your out of warranty now !! Just waiting to get my car back today to confirm it is clutch judder (which it so definitely is) and then I’m going to crest hell with Ford CS and if I get no luck small claims court and further actions until my car is properly fixed !! Any update from any of you on what CS has said ?? 

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  • 3 months later...

I have experienced the same as everyone else..couldn't we try to get a Class Action.?

Surely there would be a solicitor who would take it on ...when there are so many other action in other countries

Please respond 

 

 

 

 

 

 

 

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