Help Needed!! With Ford Transit 350 LWB 2.4 TDCI engine

Help Needed!! With Ford Transit 350 LWB 2.4 TDCI engine

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markyt1980

Original Poster:

5 posts

84 months

Tuesday 13th March 2018
quotequote all
The Ford Transit Van 350 LWB 2.4 I bought last Monday 5th March 2018 is seriously not right. I haven't been able to use it since I drove it back from garage I bought from on finance.

I am not a mechanic just an average joe who test drove it and it seemed ok on the drive. I turned up at the garage and saw two employees in the van and was ushered into the sales office first and after about 30-45 minutes i was able to drive the van. It did start for me but i have since noticed the van does start when it has warmed up better, after a good few times of starting it.

However when cold started it's like this. I have found that everyday I have had it. I have been putting in coolant to top it up to max level and everyday it's back at minimum level. I plugged in my cheap fault code reader and it has no codes. There is no white gunk on oil cap but there is a lot of white smoke and it seems to becoming from the bottom of the engine where the exhaust bit meets the engine. is that the manifold?

Is this fixable? or should I point blank refuse anything other than rejection of the vehicle? I have only driven 99 miles in it since I bought it. Any advice or help on what it could be would be really appreciated. I have informed the finance company been told i have to wait 2 weeks for a case handler. however i just don't feel happy or safe with the van now. I have noticed as well that the pictures from the sale advert, which i have made a saved copy of via auto trader, show a van in better condition than the one i have. Its like the images have been photo shopped. It was dark by the time I got to the garage so was hard to remember and spot things like this. but the engine is really worrying me, especially as i do suffer anxiety.

Here is a video of trying to start the engine and how it sounds etc.

https://www.youtube.com/watch?v=v2uzf580h3w

Here are the sale pictures and my pictures. (i have edited the sale pics to remove the name of the garage)





Edited by markyt1980 on Tuesday 13th March 16:07

E-bmw

9,102 posts

151 months

Tuesday 13th March 2018
quotequote all
It sounds/looks like you have a few problems which may or may not be related but ultimately you need to reject the vehicle IMMEDIATELY, contact the finance company, refuse to drive it & refuse to make payments.

Speak to your local Trading Standards or Citizens advice for more info.

The "smoke" you first mention when you are trying to start the engine is actually unburnt diesel due to the engine not starting.

The noise/smoke from the engine bay looks/sounds like either a stuffed exhaust or a loose exhaust manifold.

My best guess for why it is so bad at starting is either a knackered turbo, fuel problem or engine timing gear issue.

Basically it is a pile of junk.

GreenV8S

30,149 posts

283 months

Tuesday 13th March 2018
quotequote all
I agree with E-bmw. I don't know what's wrong with the engine, but it's obviously not right. Unless you were aware of that and it was reflected in the price, I would suggest you exercise your rights under the Consumer Rights Act 2015 to return it on the grounds it is not fit for purpose and as described.

You need to do this quickly to make sure you stay inside the 30 day window.

You need to exercise your rights in writing, tell them that you're returning the car (and why). Decide in advance whether anything they could say or do would be sufficient to change your mind and persuade you to keep this vehicle. Given that they have probably knowingly sold you a lemon, I suggest you decide now not to give them any chance to change your mind. In that case you need to be clear in any communication with them that you are not bringing the vehicle in for them to see what they can do about it, or try to fix it, or any other lines they'll try to fob you off with. Just be clear that the vehicle is rejected, the sale agreement is nullified, you're returning their vehicle and require them to return your money.

It is important that you stop using it immediately (if you keep using it, that casts doubt on your claim it is not fit for purpose) and arrange to get it back into the seller's possession as soon as possible.


To help your claim in case the seller causes trouble, I recommend you print off or save copies of any advert for this case from the seller. Also make a point of checking whether the dealer is a member of any trade bodies. And if you bought it on finance, be sure to inform them that you're rejecting the vehicle.

markyt1980

Original Poster:

5 posts

84 months

Tuesday 13th March 2018
quotequote all
Thank you so much for your help and replies guys. I did inform the finance company and they have said they would inform the dealer however i might want to think about trying repair first and that i need to await a case handler to take up my case which is 2 weeks apparently. i have decided that anxiety or not, i do not want to be fobbed off, so i am gonna try and write a letter of rejection and email it to the dealers tomorrow. i will say i am not interested in repair at all as i have no confidence in the vehicle. i haven't driven it since picking it up and do not intend to. and that they will have to come and pick up the vehicle as it is available to pick up. I will also inform the finance company this is what i am going to do.

The whole thing has been shoddy. i bought it and the dealer said they couldn't find the V5 but had filled out a V62 and had a cheque written for me to take to tax it the next day. it turns out that i couldn't as the vehicle had never been transferred from the previous owner into trade. i called and they said that the previous owner had applied for a replacement v5 and would take 3-5 working days for them to get that and have it transferred to me. I'm still waiting although DVLA have been helpful and told me this has been requested and sent in the last few days. My own fault really for being green enough to believe them on the V5 score i guess as i didn't know all this kind of stuff.

But the other thing i have noticed that isn't right is that the original advert for the van, which i have saved on my computer from auto trader, is the milage being advertised as 565 miles less than what it was from when i picked it up. i only noticed as i worked out i have done 99 miles to get the van home, and the milage is 664 miles over the advert milage, and actually its 334 miles over the advert price on its mot from 18th feb. God knows how its passed the mot emissions alone!! the other issue this raises is that they basically sold a van they were not legally registered keepers of. and one of the t&c's of the finance is i have to be the registered keeper. but I'm not at the moment. they have falsified the milage on the advert, which actually affects my warranty i bought from AA via them. as it only covers upto the specified milage terms at inception of the policy for the level of cover. so they have falsified the milage to sell that level of cover. what a total mess. feel ashamed to say, but i really haven't slept for 3 nights worrying over this having panic attacks at the thought of being stuck with it. not vey good at dealing with anxiety and situations like this. cry

GreenV8S

30,149 posts

283 months

Tuesday 13th March 2018
quotequote all
in your situation I would be willing to drive the vehicle to them if they were anywhere near me, just to put the ball in their court. Allowing yourself to be fobbed off past the thirty day window might complicate your situation because it removes your right to reject the vehicle without any remedy by them, so I suggest you should be willing to go out of your way to get things moving.

The more formally and traceably you notify them the less chance that they will try to sidle out of their responsibilities. Can you prove they read the email, can you prove they knew it came from you? I suggest sending them a written letter recorded delivery stating the facts:
  • you bought the vehicle on the basis of the information in the advert, which stated that it was in good working order
  • it has these substantial defects (list) which only became apparent the following day
  • it was not as described and is not fit for purpose
  • you hereby exercise your statutory rights under the Consumer Rights Act 2015 to reject the vehicle and obtain a full refund for the amount £xxx
I don't see the mileage as a deal breaker, and the V5 I think gives us some idea what sort of outfit you are talking to here, but is also not a deal breaker. I would not mention either of those issues to the dealer. I would also not mention anything about losing confidence. None of these things would entitle you to reject the car without any remedy, unless you think you can prove the vehicle is stolen. Just state the key facts without any other justification or explanation.

E-bmw

9,102 posts

151 months

Wednesday 14th March 2018
quotequote all
Agree 100% especially about email/recorded letter.

An email can be argued to have been missed due to being in SPAM folder.

Do both just to be certain, maybe even send both to the finance co & dealer just to be certain.

Mr2Mike

20,143 posts

254 months

Wednesday 14th March 2018
quotequote all
E-bmw said:
My best guess for why it is so bad at starting is either a knackered turbo, fuel problem or engine timing gear issue.
A dead/dying turbo wouldn't stop it starting (unless half of an impeller was inside one of the cylinders biggrin ). They do suffer from worn timing chains/tensioners though and gummed up injectors at high mileages.

markyt1980

Original Poster:

5 posts

84 months

Wednesday 14th March 2018
quotequote all
Thank you for the replies, Ok so i have spoken to the finance company and they can't do anything until i am assigned a case handler which will take about 2 weeks. not great but i have at least got the complaint registered. I have now written two letters, to be sent recorded delivery, i will post them here to get your thoughts, as I'm really crap at writing letters or anything like this. your feedback and help is so appreciated. thank you once again

Letter to finance


Finance


Dear Finance,

Account No: .............. Consumer Rights Act 2015

On 05/03/2018 I entered into a Hire Purchase agreement with you for Ford Transit Van LWB 350 H/R 2.4 - Registration ............ from name of dealer.

After speaking with your complaints team and registering a complaint, I am aware that I have to await for a case handler to be assigned to my case, however, I would like to make it known that I am exercising my rights under the Consumer Rights Act 2015, to reject the vehicle within the first 30 days ensuring the case handler assists with this rejection of the vehicle.

This is due to the vehicle not being fit for purpose. I initially bought the vehicle with a known break switch fault, it was agreed, at the point of sale, the defective part would be sent and I could have this fitted. I had the part fitted by a mechanic friend. As soon as the vehicle was started, to check the part had fixed the fault, the mechanic said the engine sounds like it has some quite extensive faults.

It appears there are problems with the engine with symptoms including, issues starting the vehicle, very rough and noisy idling and shaking of the vehicle, large amounts of smoke from both exhaust and engine area at both idle and when the accelerator is pressed. There are issues with the coolant needing constant topping up of the coolant reservoir on a daily basis.

I have not been able to drive the van since picking up the vehicle on 5th March, due to both these problems and the fact I cannot tax the vehicle, due to issues of their being no V5c. At point of sale I was informed to take a pre filled V62 form and a cheque to the post office. On doing this, I could tax the vehicle. This was not the case, and after further contact with the dealer, I have been advised that it would be sorted however I am still in a situation I am not the legal registered keeper and cannot therefore tax the vehicle.

I fully reject the vehicle and ask the finance be settled between the dealer and yourselves.
I have sent a letter to the dealer of the same effect. I make it clear that the vehicle cannot and will not be used, for reasons of being untaxed and safety reasons of using the vehicle.

The vehicle is available to be picked up by the dealer or yourselves. I look forward to a speedy resolution in line with my no quibble consumer rights as per the Consumer rights act 2015.

I understand that under the above legislation, the matter has to be resolved and would therefore ask that this is done within the next 14 days.

Yours sincerely




Letter to Dealership


14 March 2018
Dear Name of dealership,
Order No: ............. Consumer Rights Act 2015

On 05/03/2018 I entered into a purchase of a Ford Transit Van LWB 350 H/R 2.4 - Registration ........... from your company, Name of company. This purchase was made using finance provided in-house using .........Finance.

After speaking with finance complaints team and registering a complaint, I would like to make it known that I am exercising my rights under the Consumer Rights Act 2015, to reject the vehicle within the first 30 days.
This is due to the vehicle not being fit for purpose. I initially bought the vehicle with a known break switch fault, it was agreed, at the point of sale, the defective part would be sent and I could have this fitted. I had the part fitted by a mechanic friend. As soon as the vehicle was started, to check the part had fixed the fault, the mechanic said the engine sounds like it has some quite extensive faults.

It appears there are problems with the engine with symptoms including, issues starting the vehicle, very rough and noisy idling and shaking of the vehicle, large amounts of smoke from both exhaust and engine area at both idle and when the accelerator is pressed. There are issues with the coolant needing constant topping up of the coolant reservoir on a daily basis.

I have not been able to drive the van since picking up the vehicle on 5th March, due to both these problems and the fact I cannot tax the vehicle, due to issues of their being no V5c. At point of sale I was informed by your company, to take a pre filled V62 form and a cheque to the post office. On doing this, I could tax the vehicle. This was not the case, and after further contact with the your company, I was advised that it would be sorted however I am still in a situation I am not the legal registered keeper and cannot therefore tax the vehicle.

I have no alternative but to reject the vehicle and ask the finance be settled between yourselves and finance company.
I have sent a letter to the finance company, of the same effect. I make it clear that the vehicle cannot and will not be used, for reasons of being untaxed and safety reasons of using the vehicle.

The vehicle is available to be picked up by yourselves or the finance company. I look forward to a speedy resolution in line with my no quibble consumer rights as per the Consumer rights act 2015.
I understand that under the above legislation, the matter has to be resolved and would therefore ask that this be done within the next 14 days.

Yours sincerely



Mark Tedin


I am awful at writing letters and I tend to waffle so any help or feedback



Edited by markyt1980 on Thursday 15th March 11:47


Edited by markyt1980 on Thursday 15th March 11:48

GreenV8S

30,149 posts

283 months

Wednesday 14th March 2018
quotequote all
If I was writing that letter, it would be about one tenth the length and only state the facts relevant to the vehicle rejection.

I don't believe you're rejecting it on the basis that you can't tax it, so that is not relevant (unless you believe you can prove the vehicle is stolen, which in itself would be grounds to reject it).

The issue with the brake light switch is only relevant in that it was a known and accepted defect.

I would clarify 'issues starting' with a brief statement of what happens when you try to start it (vehicle repeatedly stalls immediately after starting, runs roughly and produces excessive smoke when cold etc).

I don't think any of the problems you describe render the vehicle unsafe to drive. They do make it unfit for purpose.

You will need to work out for yourself whether it is legal for you to drive it i.e. taxed (or legal to drive with the current registration status), insured, current MOT and in a road legal condition. If it is legal, you have the option of delivering it back to the seller instead of waiting for them to agree to collect it. Remember that the clock is ticking. They have your money and you have their vehicle, and that's the way they want to keep things. They won't want to return your money until they have the vehicle, and they don't want the vehicle (they want your money), so they won't be in any hurry to collect it. The longer they can make this drag on the better, from their point of view.

markyt1980

Original Poster:

5 posts

84 months

Wednesday 14th March 2018
quotequote all
Hi thank you for the feedback, i said i am awful at writing smile

i have had a go at editing the letters and tried to make them more concise. with regards to getting the van back to the dealership, i really don't feel confident driving the vehicle in the state its in. I have the van MOT'd as it was only done last month before i bought the van and i have the van insured. I just can't get it taxed. So feel the best way is to have them come pick it up or have the van taken to them by other means if necessary.

as a last resort, i would drive the van if i can get the van taxed.

anyway as it stands here are the edited letters. again please give your feedback as you're really helping me.

Lender Letter

Dear Finance,
Account No: .............
Consumer Rights Act 2015
On 05/03/2018 I entered into a Hire Purchase agreement with you for Ford Transit Van LWB 350 H/R 2.4 - Registration ................. from Dealership.

After speaking with your complaints team and registering a complaint, I am aware that I have to await for a case handler to be assigned to my case, however, I would like to make it known that I am exercising my rights under the Consumer Rights Act 2015, to reject the vehicle within the first 30 days and hope the case handler will assist with this matter and all outstanding finance be settled between your company, and Dealership.

This is due to the vehicle not being fit for purpose.

The list of problems with the van include:
• Serious issues starting the vehicle (up to ten attempts to get the vehicle to start on first start up from cold).
• Very rough and noisy idling, clattering sound in the engine and shaking of the vehicle and engine.
• Excessive amounts of smoke from both exhaust and engine area at both idle and when the accelerator is pressed.
• The coolant needing constant topping up of the coolant reservoir on a daily basis.

I have not driven the van since picking up the vehicle on 5th March.

I have sent a letter to the dealership, of the same effect. I make it clear that the vehicle will not be used.
Due to the problems with the vehicle I am unsure if the vehicle is ok to drive back to the dealership so I make the vehicle available to be picked up by yourselves or the Dealership.

I look forward to a speedy resolution in line with my no quibble consumer rights as per the Consumer rights act 2015. I also understand that under the above legislation, the matter has to be resolved and would therefore ask that this be done within the next 14 days.

Yours sincerely




Dealer Letter


Dear Dealership,
Account No:
Consumer Rights Act 2015
On 05/03/2018 I entered into a purchase of a Ford Transit Van LWB 350 H/R 2.4 - Registration ............ from Dealership. With finance provided through your company using ....... Finance.

After speaking with finance complaints team and registering a complaint, I would like to make it known that I am exercising my rights under the Consumer Rights Act 2015, to reject the vehicle within the first 30 days and ask the finance be settled between yourselves and finance company.

This is due to the vehicle not being fit for purpose.

The list of problems with the van include:
• Serious issues starting the vehicle (up to ten attempts to get the vehicle to start on first start up from cold).
• Very rough and noisy idling, clattering sound in the engine and shaking of the vehicle and engine.
• Excessive amounts of smoke from both exhaust and engine area at both idle and when the accelerator is pressed.
• The coolant needing constant topping up of the coolant reservoir on a daily basis.

I have not driven the van since picking up the vehicle on 5th March. I have sent a letter to the finance company, of the same effect. I make it clear that the vehicle will not be used.

Due to the problems with the vehicle I am unsure if the vehicle is ok to drive back to the dealership so I make the vehicle available to be picked up by yourselves or the finance company.

I look forward to a speedy resolution in line with my no quibble consumer rights as per the Consumer rights act 2015. I also understand that under the above legislation, the matter has to be resolved and would therefore ask that this be done within the next 14 days.
Yours sincerely




Edited by markyt1980 on Thursday 15th March 11:50

markyt1980

Original Poster:

5 posts

84 months

Friday 16th March 2018
quotequote all
Well i have had great news from the finance company, who have been brilliant and more than helpful, the dealership have accepted the vans rejection.

The finance company also said the discrepancy in the milage meant that they would not have accepted the finance in the first place so are not happy with the dealership. This is because it was over their maximum milage allowed by 657 miles. So now just got to try and arrange to get the vehicle back to the dealership. I can't drive it as the dealership has the V5 so i couldn't drive it. And thats apart from it being very smoky and not running correctly, so i wouldn't feel safe driving it back. So fingers crossed i can arrange to get them to pick it up.