Ford Refused Warranty Repair

gazfocus

Apologies for the long post, but here goes.

I've posted on here previously about an issue with my 2012 Ford Fiesta.

Basically, the car has a fault where intermittently, the car gives a 'Transmission Malfunction, Service Now' error on the display and the gear change becomes erratic. It also has a separate fault where the front passenger seat mechanism is faulty so the seat is stuck in half recline position.

When I bought the car in 2013, I had a service done at the Ford dealer within 7 months of buying the car. At this time I reported the issue with the transmission and they said they couldn't duplicate the fault as its intermittent. The car has been back to the dealer a couple of times since for the same issue and they've been unable to resolve the issue. I got on to the Ford Executive Office in October 2014 (which was before the next service was due) and asked them to assist with the issue because the Ford dealer had been unable to resolve. At this time, I also mentioned the fault with the seat.

At this point the car was booked in to the dealer again for 3rd November 2014, however, I couldn't make the appointment due to my wifes car being involved in an accident so her car was unusable temporarily so I needed to have use of my car. I informed the executive office of this and said I would rebook the car in after Christmas.

So, I contacted the Ford dealer last week to book my car in, contacted the executive office to let them know, and when I got to the dealer, they said "your car is out of warranty because you've not kept up with your service". The car was last serviced in December 2013 at something like 26,000. The car has now done 41,000 miles.

However, the issue was first reported at the last service that was done and was reported to the executive office prior to the next service being due. The fact that the car has not had its next service should therefore be irrelevant.

Additionally, the seat being under warranty should not be dependent on the car being serviced as the seats aren't checked as part of a service anyway.

The issues have resulted in me voluntarily terminating my finance agreement and I am currently waiting for the finance company to collect the car, however, if I don't at least get the seat repaired, I am going to be left with a bill from the finance company. Is there any way I can fight this or am I going to be fighting a losing battle?

Spicy_McHaggis

So the car wasn't serviced at all in 2014?

I know they will allow some leeway in the schedule so what date was the last service?

gazfocus

Spicy_McHaggis wrote: »

So the car wasn't serviced at all in 2014?

I know they will allow some leeway in the schedule so what date was the last service?

Just checked and the last service was 10th December 2013. At this service, I reported the issue with the transmission and they were unable to duplicate the fault.

However, I think it's more the mileage that's the issue.

Spicy_McHaggis

gazfocus wrote: »

Just checked and the last service was 10th December 2013. At this service, I reported the issue with the transmission and they were unable to duplicate the fault.

So you're more than a month out on the service schedule, that may also cause a problem with the finance company.

gazfocus

Spicy_McHaggis wrote: »

So you're more than a month out on the service schedule, that may also cause a problem with the finance company.

I know the car is out on the service schedule but that's not what I'm asking. Why would I pile money into servicing a car that Ford can't be arsed fixing in the first place?

The service was due at 3 years or 37,500 miles so I'm out on both counts but that's not my question.

AdrianC

gazfocus wrote: »

The service was due at 3 years or 37,500 miles so I'm out on both counts but that's not my question.

It might not be your question, but it IS the answer to your question. The warranty requires you to observe the maintenance schedule. You have not done so, so the warranty is void. To get anything from Ford, you are now reliant on them making a goodwill gesture.

gazfocus

AdrianC wrote: »

It might not be your question, but it IS the answer to your question. The warranty requires you to observe the maintenance schedule. You have not done so, so the warranty is void. To get anything from Ford, you are now reliant on them making a goodwill gesture.

Yes but as I said, the fault was originally reported prior to the service being needed. It was reported in writing to the executive office 2 months prior to the service being due, so I don't see how they can reject a claim. The dealership have also tried to diagnose the fault a number of times since buying the car. It's not as if the fault has appeared today and the service was due a month ago.

forgotmyname

A fault was registered, But this fault may or may not be linked to the original one.

gazfocus

forgotmyname wrote: »

A fault was registered, But this fault may or may not be linked to the original one.

It's the same fault!!

The latest response from the Ford dealership was that because the diagnostic computer didn't find any fault codes on the car, they don't know where the fault lies. His words were 'something needs to break so we can fix it', so it's ok me driving round in a car that has a potentially dangerous fault just because a mechanic in a ford dealership doesn't have the skill set to properly diagnose a fault without a computer telling him what's wrong?

Fortunately the finance company have agreed to take back the car, however, I will at least attempt to peruse Ford for part of the £6000 in finance payments I've spent on a car I'll no longer have.

Spicy_McHaggis

gazfocus wrote: »

It's the same fault!!

The latest response from the Ford dealership was that because the diagnostic computer didn't find any fault codes on the car, they don't know where the fault lies. His words were 'something needs to break so we can fix it', so it's ok me driving round in a car that has a potentially dangerous fault just because a mechanic in a ford dealership doesn't have the skill set to properly diagnose a fault without a computer telling him what's wrong?

Fortunately the finance company have agreed to take back the car, however, I will at least attempt to peruse Ford for part of the £6000 in finance payments I've spent on a car I'll no longer have.

Good luck with that one when you breached the terms you signed up to.

welfayre

To answer your question. Yes you're going to be fighting a losing battle.

You should have insisted at the time that Ford keep the car until the fault could be reproduced and rectified.

By breaching the service schedule you've given them an out.

Also out of interest how would you go about fixing a fault that wasn't present when you were looking??