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Car engine failure: warranty claim rejected

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  • smokieUK
    smokieUK Posts: 71 Forumite
    From original post "first service was done at 11k miles and the next service not until 19k miles later "

    What I didn't make clear was that it was about 2000 miles after the second (late) service that the problem arose.
  • drsquirrel
    drsquirrel Posts: 283 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    pendulum wrote: »
    I thought many new cars used a special kind of "break in" oil which had to be changed at the first service. Running on this oil for longer than that could lead to engine problems. When was the first service due and how long did you miss it by?

    True, it's usually very short, talking 1000-2000 miles.
  • pendulum
    pendulum Posts: 2,302 Forumite
    smokieUK wrote: »
    From original post "first service was done at 11k miles and the next service not until 19k miles later "
    Yes, but you still don't say when the first 'service' was due. After how many miles were you supposed to take the car in to the garage?

    It's relevant because they might say your failure to do this resulted in the premature engine wear, if for example the car was scheduled for an oil change at that time. It's really important to look after an engine and treat it properly for the first few thousand miles so that it beds in properly.

    The fact the bearings are going so soon is indicative of neglect.
  • smokieUK
    smokieUK Posts: 71 Forumite
    OK, sorry. I didn't buy the car new, but the first service was due at 12.5k and it was done at 11,033. I bought it with 12.5k from the same dealer. The second service was due at 25k and was done at 30,329. Hence 19k miles between services instead of 12.5k.

    Neither dealer has completed the Next Service Due date. The dealer who serviced it 2k miles ago did not tick Genuine Ford Parts Used?
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    So where did you get the last service done? From what you say it was not at a Ford garage which just weakens your case further especially if they didn't follow the proper servicing schedule or use Ford parts.

    The amount of money you are proposing throwinbg at a dubious legal case could (possibly) have the car fixed and back on the road.
  • smokieUK
    smokieUK Posts: 71 Forumite
    Both services were done at Ford dealerships, the latest being at the same dealership at which the car was purchased. The car failed 2000 miles after the latest service.
  • robchap_2
    robchap_2 Posts: 61 Forumite
    call Customer Relationship Centre on 0845 841 1111
    they are very good with issues and can make the dealer do the work it can take time mind it took them 6 months fighting for me to get them to fix rust on my 5 year old car
    you will get 1 person assigned to you and who keep you up to date with how your claim is going
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 20 April 2010 at 3:51PM
    smokieUK wrote: »
    No, Moonrakerz, that's why I'm asking. Anyway, I have said a number of times that I'm not working on the basis of a warranty claim. You obviously don't FULLY read! :-)

    I do check the oil regularly, believe it or not.

    I do FULLY understand - if you have negated any claim you might have had under warranty, the dealer will immediately claim (with some justification) that this same lack of proper care of the vehicle led to it's current failure.
    If Ford won't repair your car under warranty - YOU accept that this is understandable because of your lack of maintenance, WHY should the dealer fix it out of his own pocket ?

    If your claim is as well documented and constructed as your posts on here I am afraid that it will fail miserably.

    You admit to not servicing the car correctly. After a number posts you do finally claim to have checked the oil regularly. A service book is proof, a claim by you is NOT proof.

    You now seem to be suggesting that it is the dealer's fault for not ticking the "next service due" date box - there is no next service due DATE box, it is up to you to look at the car's mileage, failing that, if low mileage, it is one year after the last service. Do you want him to write to you every few weeks to get you to look at your odometer and that you are fully aware of what this means ?

    Your general premise is flawed: you claim:- "the cause is an engineering failure" - things break ! You have to show that the cause of the failure was due to an inherent defect, either at the time of manufacture or by design.

    "does that not lead me neatly into unfit for purpose" - it does indeed if you are referring to your argument. Perhaps you were unlucky with the car failure but you have completely undermined your case by admitting that you did not have the car serviced at its due dates.

    Please go ahead with your legal action if you feel you have a good enough case - let us know the outcome !
    smokieUK wrote: »
    Anyway, I have said a number of times that I'm not working on the basis of a warranty claim
    PS: Your OP has the heading: "Warranty Claim Rejected"
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    pendulum wrote: »
    I thought many new cars used a special kind of "break in" oil which had to be changed at the first service. Running on this oil for longer than that could lead to engine problems. When was the first service due and how long did you miss it by?

    No they dont, oil tolerances for new cars are extremely precise as the channels are so thin. Cars use one type of oil and thats it, for the rest of its life (for newer cars, older cars can vary).

    What you are thinking of is merely the fact that the first service should be done sooner than the rest. The oil is exactly the same.
    Back by no demand whatsoever.
  • smokieUK
    smokieUK Posts: 71 Forumite
    Mr Moonrakerz - thanks for your input. I came here asking for advice, not to be shot down over everything. A bit of constructive advice or even sympathy wouldn't have gone amiss, but hey-ho...

    My understanding is that part of the sale of goods act refers to durability - which in this case I would interpret as an engine should not usually be expected to fail in under 3 year/32k miles. I can't deny being late getting a service done. All I was considering was that if it could be shown that regardless of when the service was done the outcome would have been the same, then the issue would qualify under the durability clause (as presumably an engineering failure...?)

    I did not try to suggest anything to do with what was written in the service book. I just happened to have the service book open and noticed those and mentioned them.

    Lastly, the warranty claim has been rejected. That's one reason why I'm not working on that basis!! Don't understand your point there.

    @Robchap - thanks for that rather more helpful comment, but unfortunately they said that all they can do is note that a complaint has been made. The dealership is the only one who can contact warranty, and as that's happened, and it's been declined, that's it. They did say I could ask the dealership to request warranty to reconsider.
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