Mondeo 2005 tdi - Flywheel and injector issues - vicgate
Hi folks newbie he looking for some advice.
Bought a 2005 diesel mondo from a local small dealer, good mileage on it only 60000 - cost 2400 gbp and he gave me a 3 month engine only warranty.
Problems ever since. Flywheel had to be replaced after a month - dealer said that it wasn't part of the engine therefore does not apply. Then 3 weeks ago after getting that fixed for 600, the car gave more issues driving. Turns out it needs new injectors and a pump - the mechanic says it was being used with laundered diesel - will cost another 1000 to fix- the 3 month warranty has now expired.
Planning to back to dealer, what do you think my approach should be please.
Any advice gratefully received
James
Mondeo 2005 tdi - Flywheel and injector issues - Collos25

Forget the warranty the dealer has an obligation under SOGA to put it correct.

Mondeo 2005 tdi - Flywheel and injector issues - pd

Your first approach is to be as nice and reasonable as possible and hope they reciprocate.

Whether you have any real comeback depends on how long since you bought it and how many miles you've done in it.

The dealer's obligation reduces fairly quickly with time and miles on a car of this price range.

Mondeo 2005 tdi - Flywheel and injector issues - Wackyracer

The dealer is obliged by law to repair or refund for upto 6 months. There is no opt out for them as they think.

If the dealer is not willing to repair it on the grounds of excessive costs then he has to refund the purchase price.

Anything that goes wrong within 6 months of purchase in law is deemed to have been faulty when it was sold to you.

Obviously, There are some exceptions such as tyres getting a puncture etc. but, In your case, Those faults would be classed as being faulty at the time of sale.

Mondeo 2005 tdi - Flywheel and injector issues - Sofa Spud

QUOTE:..."" Flywheel had to be replaced after a month - dealer said that it wasn't part of the engine therefore does not apply.""

Of course the flywheel is part of the engine - it wouldn't run without the flywheel! Your dealer is taliking nonsense.

Edited by Sofa Spud on 26/09/2013 at 12:23

Mondeo 2005 tdi - Flywheel and injector issues - pd

The dealer is obliged by law to repair or refund for upto 6 months. There is no opt out for them as they think.

If the dealer is not willing to repair it on the grounds of excessive costs then he has to refund the purchase price.

Anything that goes wrong within 6 months of purchase in law is deemed to have been faulty when it was sold to you.

Obviously, There are some exceptions such as tyres getting a puncture etc. but, In your case, Those faults would be classed as being faulty at the time of sale.

Utter rubbish. The only difference is that the onus is on the dealer to prove that the fault wasn't there at time of sale. If the car has worked for 4 months and done 5000 miles it is pretty evident that it wasn't there. If it occurs 2 days and 20 miles after purchase it is quite likely it was. Add into that a big hefty allowance for age, wear and tear and the fact that the law accepts the cheaper, older and more used the car the more likely it is to go wrong, the more it will need spent on it and the less time it needs to work for after purchase.

Basically, if you buy a 2 year old £15k car and it goes pop after 2 months you have a very strong claim. If you buy a £2k 8 year old car and it goes pop after 4 months you have a weak claim and all points in between.

Mondeo 2005 tdi - Flywheel and injector issues - Wackyracer
Utter rubbish. The only difference is that the onus is on the dealer to prove that the fault wasn't there at time of sale. If the car has worked for 4 months and done 5000 miles it is pretty evident that it wasn't there. If it occurs 2 days and 20 miles after purchase it is quite likely it was. Add into that a big hefty allowance for age, wear and tear and the fact that the law accepts the cheaper, older and more used the car the more likely it is to go wrong, the more it will need spent on it and the less time it needs to work for after purchase.

Basically, if you buy a 2 year old £15k car and it goes pop after 2 months you have a very strong claim. If you buy a £2k 8 year old car and it goes pop after 4 months you have a weak claim and all points in between.

Try reading some of the SOG act and have a look at the CAB website for details on problems with car purchases before spouting off that people are talking rubbish!

The OP has a plausible case, A car that cost what he paid should be fit for purpose for longer than 4 months. End of!

Mondeo 2005 tdi - Flywheel and injector issues - pd
.

Try reading some of the SOG act and have a look at the CAB website for details on problems with car purchases before spouting off that people are talking rubbish!

The OP has a plausible case, A car that cost what he paid should be fit for purpose for longer than 4 months. End of!

The posts above says you can buy any car, at any price, use it for any amount and by default you get a 6 months equivalent new car warranty on it. That's what the post says.

This is not the case and posting such things is misleading and I'm sorry, but it is rubbish.

The OP may, or may not, have a plausible case and I wasn't commenting on their case in particular. As I posted above a lot depends on how many miles they've done, exactly how long they have owned it etc.

£2400 *is* a cheap car these days (remember only a few years ago the Government said any car under £2k was only fit for scrap) and after 3-4 months it gets very difficult to claim for faults at that level of the market. That doesn't mean the OP doesn't have a case but to tell them they have a watertight one is in my opinion poor advice.

Mondeo 2005 tdi - Flywheel and injector issues - Wackyracer

The posts above says you can buy any car, at any price, use it for any amount and by default you get a 6 months equivalent new car warranty on it. That's what the post says.

No it does not, It states that a vehicle should be fit for purpose and should work as intended for 6months.

This is not the case and posting such things is misleading and I'm sorry, but it is rubbish.

That is only your opinion, Not the opinion of me, The government or The small claims courts who often deal with these cases when people make claims against dodgy dealers.

£2400 *is* a cheap car these days (remember only a few years ago the Government said any car under £2k was only fit for scrap) and after 3-4 months it gets very difficult to claim for faults at that level of the market. That doesn't mean the OP doesn't have a case but to tell them they have a watertight one is in my opinion poor advice.

The government have never said that! That is just you interpreting it to suit your own thoughts.

Mondeo 2005 tdi - Flywheel and injector issues - pd

The posts above says you can buy any car, at any price, use it for any amount and by default you get a 6 months equivalent new car warranty on it. That's what the post says.

No it does not, It states that a vehicle should be fit for purpose and should work as intended for 6months.


It does not that say anywhere in SoGA or any other consumer advice. There is a ruling regarding where the burden of proof lies with regards a fault. Obviously, the longer in time and the more miles a vehicle has done the more self evident it is that the fault did not exist at the time of purchase (otherwise the buyer clearly could not have used it to that extent).

The CAB advice actually says:

Dealers are not liable for:

  • fair wear and tear, for example if the car breaks down during normal use
  • if you mis-use the car
  • if you cause accidental damag

Basically, if, for example an injector goes on a car and it has done 80k miles and 80k is typical mileage for an injector to go at then the dealer is not responsible. The dealer is responsible if it turns out an injector has gone at the point of sale and hasn't told the buyer. If the buyer has done 4000 miles in it after sale and the warning light hasn't been flashing and the car hasn't been in limp mode it is very easy for the dealer to argue it was fine and satisfactory when sold.

If what you say is true we could all go and buy £500 cars - run them without a care in the world for 6 months and then buy another. In the real world you can't do this. In the real world a car bought for the price of many train tickets has to last about as long.

Mondeo 2005 tdi - Flywheel and injector issues - Wackyracer

Explaination of the sale of goods act 1979..

"The onus is normally on you rather than the trader to prove a claim (that is, to prove that the vehicle is faulty in some way). However, the law states that if you are claiming repair, replacement, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the vehicle was sold without faults when you bought it. This is called the 'reversed burden of proof'. After six months, the burden of proof reverts back to you to provide evidence to support your claim that the vehicle was faulty when it was sold."

Mondeo 2005 tdi - Flywheel and injector issues - pd

Explaination of the sale of goods act 1979..

"The onus is normally on you rather than the trader to prove a claim (that is, to prove that the vehicle is faulty in some way). However, the law states that if you are claiming repair, replacement, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the vehicle was sold without faults when you bought it. This is called the 'reversed burden of proof'. After six months, the burden of proof reverts back to you to provide evidence to support your claim that the vehicle was faulty when it was sold."

Yes, that is exactly what I said above. So, if you buy a car and when you get it home all the water and oil has mixed together it is very difficult for the dealer to prove the headgasket hadn't gone when you'd bought it. If, however, the alternator packs up after 4 months use it is self evident it must have been working at the point of sale.

In the case of the alternator there is another test. Is it "reasonable" that on the age, mileage and price of the car a reasonable person might need to replace such an item as it has worn out? If the car is 2 years old and done 20k miles then it probably isn't and the buyer could probably claim off the seller. If the car is 10 years old and done 100k then that is pretty typical for an alternator to go and the buyer has no claim.

Basically, when you are claiming for a failure which wasn't there at point of sale there is a huge gap depending on the actual car. Once a car gets to 100k miles and 10 years old virtually anything can be considered wear and tear but on a lower mileage, newer car you have a lot more comeback.

The truth is that the SoGA doesn't remove the old adage you get what you pay for. The more you pay, the newer and lower mileage the car, the more protection you get.