Motor finance/ consumer rights 2015

pjm79

I have been reasonable won’t the solicitors letter go against me though if I do contact the dealer? And how long does the complaint to motor ombudsman time out?
don’t worry mate I am ready for the fight especially when I know I’m right and within my rights.

Thank you for you advice much appreciated 👍🏻

paul_c123

Dealer is still responsible, so no. It would go against them.

No idea about Motor Ombudsman but I think for FOS if you are unable to reach agreement with the finance company after 8 weeks or the lender issues a deadlock letter, it can be escalated to FOS.

Mildly_Miffed

The bottom end has failed so catastrophically that there's a hole in the block?

That's almost certainly a lubrication failure. One or more of the crank bearings has got so hot due to friction that it's seized, snapping the conrod. Unless there was an external cause, such as stone damage ripping an oil cooler line or similar apart, causing a sudden loss of oil, there would typically be plenty of audible clues of impending doom.

You are REALLY going to have to go some to prove that it's not down to simply being run low on oil due to not checking the level, which - 5 months and 5,000 miles post-purchase - would most certainly not be a consumer rights issue.

There are a couple of known problems on this engine which lead to bottom end failure - one of which is coolant leaking into the cylinders, causing a hydrolock. If you can prove that's the cause, then that would be consumer rights. EXCEPT… I believe that only applies to a different spec of engine than European Focuses got, and is more rife on engines in the States. Even then, there would be plenty of advance warning with coolant loss before it got so bad as to hydrolock.

The other is low-speed pre-ignition, pinking, detonation. That's a driving style issue - too much lugging at low revs, high load.

Realistically, you're going to have to get an expert report on what's left of the engine. And that's going to cost you unless they agree (or are told to by a court or ombudsman or other arbitrator) that they need to pay that on top of the refund.

As far as "shouldn't have to put hand in pocket" - the warranty is paying. Right up to the maximum claim limit of the policy, which you knew when you bought the car.

letom

https://forums.moneysavingexpert.com/discussion/comment/82065943#Comment_82065943

Over the last 20 years I've been pulling off Ocean 11 casino heists, the key however is I send the casino and police a legal letter from my solicitor immediately afterwards which tells them to not to contact me and that I'm not liable. The police and casino find it very annoying because despite what the law says, this solicitor letter basically overrides the law and stops them from pursuing me. It's been so effective that I carry one with me at all times, I go to the cinema for free, if they ask me to pay I just show them this letter "not liable, don't contact me etc" they then back off.

Sorry back to your case, because they've written a solicitor letter I think if you ever took them to court the judge would say "dealer, you are legally liable according to the law, and in any other world you would lose this case, however my hands are tied, your solicitor letter supercedes the law, your solicitor letter was clear to the OP so I'm not only going to award the win to you dealer, I'm going to make the OP pay your costs", even though the amount in question would be small claims court and lawyers costs wouldn't be recoverable.

jimjames

It seems very odd that the dealer would commission a solicitor to write a letter for a car needing warranty work. I wonder if they have a template or generic one to send. Have you checked out who the solicitor is and confirmed that they actually sent it?

QrizB

It seems very odd that the dealer would commission a solicitor to write a letter for a car needing warranty work

I don't think the OP has asked the dealer to carry out the warranty work, the car's been left with the AA?

The OP went to the dealer with a CRA claim and the dealer (perhaps correctly) directed them to the finance company.

clive0510

If an engine goes bang, it goes bang for a reason.

there are things to consider.

did the vehicle come with a full service history?

have the correct oils and lubricants all ways been used?

had the vehicle been modified or tampered with previously?

was there a recall out on that vehicle you weren't aware of? (the manufacturer can help you there).

the list goes on. the above are just a few things to consider.