Why won't my dealer help with a pre-existing fault on my Ford Focus?

At the end of March I purchased a 2005 Ford Focus 2.0TDCI with 89,000 miles from a small independent dealer in South Croydon, with a oil change thrown in for good measure. Four days later I noticed that there was a oil leak (slow dripping when warm). When contacting the dealer (I still have the messages to prove the dates) I was told that the warranty details were in the post. Documents for a WarrantyWise Silver level warranty finally turned up last week so I took the car down to a local garage, Station View Garage in Dorking.

They were very helpful and have informed me that the engine oil seals needed to be replaced, and where there has been oil sitting around it has contaminated the gearbox mounts, which now also need replacing. I have been quoted £591 to have the seals and the gearbox mounts replaced. Unfortunately the warranty company will only cover the seals and a small portion of the labour, in total £250, leaving me with £341 to pay. Unimpressed, I spoke to the dealer about this. He offered me £75 as a "good will gesture". Do you feel that the dealer has any responsibility in this matter? I have lost confidence in this car now and in an ideal world would like to return it and take my money back. Do I have any grounds to request this?

Asked on 18 May 2013 by RM, Dorking

Answered by Honest John
The dealer is wholly liable. I'm surprised that WarrantyWise has paid up for a fault that obviously pre-existed the sale of the car and the purchase of the warranty. The dealer is liable for the balance. And if he does not pay you can sue using www.moneyclaim.gov.uk quoting Clegg v Olle Andersson 2003, House of Lords. Law here: www.honestjohn.co.uk/faq/consumer-rights/
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