Engine goes pop after 5 months and 5k miles?
Discussion
Brother in law bought a 2018 plate transit 350D 5 months ago, he’s done around 5k miles and the engine has gone pop, has he any comeback on the dealer that sold it?
AA recovery told him they all do this sir, (it’s on finance) deposit paid debit card not credit.
Dealer said try Ford for a good will repair.
AA recovery told him they all do this sir, (it’s on finance) deposit paid debit card not credit.
Dealer said try Ford for a good will repair.
This all just sounds a bit vague - What's the actual damage and any confirmation on why it happened? Your BiL has done 5k miles but what was the mileage of the van itself?
What was the warranty that came with the van when purchased? 3months? I think he's going to struggle to get anything here, unless it can be shown that there was a fault present at point of purchase which led to this, I don't believe the selling dealership has any liability either.
What was the warranty that came with the van when purchased? 3months? I think he's going to struggle to get anything here, unless it can be shown that there was a fault present at point of purchase which led to this, I don't believe the selling dealership has any liability either.
tight fart said:
Yes I don’t have all the facts, van had done 68k at purchase in private name, with full service. AA man said it had seized and it’s a common fault. Dealer said only 3 month warranty but I thought sale of goods act was 6 months option of repair or replacement.
Sale of Goods Act was replaced by the Consumer Rights Act some years ago. That aside past the first 3 months the onus changes to the purchaser to prove the fault was rpesent at the time of purchase of the vehicle as opposed to the first 3 months where the seller has to prove the fault was not there at the time of purchase in very basic terms.Your Brother in Law will not get an easy ride I suspect with the seller rolling over and it may be more expensive to try and prove the pre existing fault, if it was there at the point of sale than to get a new engine put in.
Jamescrs said:
tight fart said:
Yes I don’t have all the facts, van had done 68k at purchase in private name, with full service. AA man said it had seized and it’s a common fault. Dealer said only 3 month warranty but I thought sale of goods act was 6 months option of repair or replacement.
Sale of Goods Act was replaced by the Consumer Rights Act some years ago. That aside past the first 3 months the onus changes to the purchaser to prove the fault was rpesent at the time of purchase of the vehicle as opposed to the first 3 months where the seller has to prove the fault was not there at the time of purchase in very basic terms. Your Brother in Law will not get an easy ride I suspect with the seller rolling over and it may be more expensive to try and prove the pre existing fault, if it was there at the point of sale than to get a new engine put in.
As this occurred within 6 months of purchase, and providing it was a business to consumer transaction and not business to business, then the dealer will have to prove that the fault was NOT there at the time of purchase. This, I imagine, would be very difficult for them to. The right to reject has gone as that's within the first 30 days. After 6 months, the onus switches to the purchaser having to prove the fault WAS there at the time of purchase.
You can now offer them the right to repair or replace it. They have one chance and if the repair/replacement doesn't work, you have the right to a refund. This may not be a full one as you've had some use of the van.
OP - make them aware now, don't necessarily start going "my rights etc", and see what happens. If they play hard ball, then you can go down the "well actually the Consumer Rights Act 2015 says..".
Get the finance company aware and involved as well, as (I believe) they're also held jointly liable and will hopefully assist in getting this sorted.
Ultimately, if they still say no, issue a Letter Before Action giving them 14 days to fix it or you'll have it fixed and pursue them for the cost. Send this by recorded delivery to their business address.
Sadly, I've experienced this far too much. Clearly I'm not great at buying vehicles! Try and keep everything in writing, at least email, as you've got a papertrail for potential court action.
Edited by Powerfully Built Company Directors Secretary on Tuesday 31st January 18:50
Edited by Powerfully Built Company Directors Secretary on Tuesday 31st January 18:50
Powerfully Built Company Directors Secretary said:
Jamescrs said:
tight fart said:
Yes I don’t have all the facts, van had done 68k at purchase in private name, with full service. AA man said it had seized and it’s a common fault. Dealer said only 3 month warranty but I thought sale of goods act was 6 months option of repair or replacement.
Sale of Goods Act was replaced by the Consumer Rights Act some years ago. That aside past the first 3 months the onus changes to the purchaser to prove the fault was rpesent at the time of purchase of the vehicle as opposed to the first 3 months where the seller has to prove the fault was not there at the time of purchase in very basic terms. Your Brother in Law will not get an easy ride I suspect with the seller rolling over and it may be more expensive to try and prove the pre existing fault, if it was there at the point of sale than to get a new engine put in.
As this occurred within 6 months of purchase, and providing it was a business to consumer transaction and not business to business, then the dealer will have to prove that the fault was NOT there at the time of purchase. This, I imagine, would be very difficult for them to. The right to reject has gone as that's within the first 30 days. After 6 months, the onus switches to the purchaser having to prove the fault WAS there at the time of purchase.
You can now offer them the right to repair or replace it. They have one chance and if the repair/replacement doesn't work, you have the right to a refund. This may not be a full one as you've had some use of the van.
OP - make them aware now, don't necessarily start going "my rights etc", and see what happens. If they play hard ball, then you can go down the "well actually the Consumer Rights Act 2015 says..".
Get the finance company aware and involved as well, as (I believe) they're also held jointly liable and will hopefully assist in getting this sorted.
Ultimately, if they still say no, issue a Letter Before Action giving them 14 days to fix it or you'll have it fixed and pursue them for the cost. Send this by recorded delivery to their business address.
Sadly, I've experienced this far too much. Clearly I'm not great at buying vehicles! Try and keep everything in writing, at least email, as you've got a papertrail for potential court action.
Edited by Powerfully Built Company Directors Secretary on Tuesday 31st January 18:50
Edited by Powerfully Built Company Directors Secretary on Tuesday 31st January 18:50
OutInTheShed said:
I'm guessing the CRA is most likely irrelevant, it's a van, the buyer will probably be a business?
Or does the CRA still work if you're a sole trader/ self employed?
Business to consumer transactions - CRA 2015Or does the CRA still work if you're a sole trader/ self employed?
Business to business transactions (including sole traders/self employed providing they're purchasing in the course of their business) - some sections of the SOGA 1979
tight fart said:
Thanks all, it does sound like a wet belt failure, I’ll pass over your comments.
I remembered a lot of talk about wet belt failures in Commercial forum, a search returned "Ford will be issuing a recall on all 2 litre diesel engines in Custom/ Transit (and any other applications) built 2016 to September 2017 with the wet belt.
We're on engine number 11 in just over 12 months and had to fight for Ford contribution but they now acknowledge there is a fundamental flaw."
If same engine, has recall been actioned, should seller ensured recall actioned?
https://www.pistonheads.com/gassing/topic.asp?h=0&...
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