Ford Transit Connect - Timing belt failure

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Mon 14 Oct 2013 11:33
Ford Transit Connect - Timing belt failure - Bob2013

I bought a Transit Connect from a dealer in February 2013. The asking price was £3600. The was some body damage (dents to two doors and a substantial spattering of paint in the carg area) I asked for a discount and the dealer reduced the price by £200.

I agreed to buy it and the dealer then said that there would be no warranty however I knew that I was protected under the Sale of Goods Act. The dealer also wrote on the invoice Trade Sale no warranty.

One day short of three months the timing belt tensioner fell off causing the pistons to smash all the pistons completely destroying the engine. I contacted the dealer and they said it was nothing to do with them as I had received a discount in lieu of warranty. My belief is that the Sale of Goods act forbids this.

Despite several conversations/letters the dealer still refused to repair the van. Subsequently I bought a low mileage engine and had it fitted at anothe garage. The total bill to me was just over £2000. I sent an invoice to the supplying dealer for £1000 as I considered that I now had a better engine than the original.

The dealer still refuses to pay quoting 'discount given for no warranty' 'fair wear and tear' etc. I do not see how fair wear and tear can cover a tensioner falling off. Surely it must have been working itself loose for some time?

Can anyone give any guidance before I persue the dealer through the small claims court?

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Mon 14 Oct 2013 12:05
Ford Transit Connect - Timing belt failure - Bromptonaut

Age, mileage and was there any evidence that any service requirement for cambelt and tensioner had been carried out?

I think you'll be lucky to make a SOGA claim stick but don't let me stop you trying.

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Mon 14 Oct 2013 12:23
Ford Transit Connect - Timing belt failure - Bob2013

58 registration, mileage 126000 cam belt service not due until 150000 miles.

Why don't you think a SOGA claim wil stick? I dont think a dealer can opt out of SOGA.

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Mon 14 Oct 2013 12:51
Ford Transit Connect - Timing belt failure - pd

SoGA accepts that there is inherently more risk associated with a vehicle which has done 126k than 26k (otherwise everyone would buy cheap 126k cars knowing they were covered).

If you persue this you'll need some proper evidence backing up what has gone wrong, probably a proper engineer's report (not something on the back of an envelope) which will stand up in court and be prepared to spend some considerable time on it.

A dealer cannot "opt out" of SoGA but your rights under it on a high mileage vehicle are no where near as much or eas easy to assert than internet forums suggest!

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Mon 14 Oct 2013 13:12
Ford Transit Connect - Timing belt failure - Bob2013

I do accept that more things are likely to go wrong on a higher mileage vehicle but as I am only claiming for half the cost of the repair I would expect that this might carry some weight in court?

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Mon 14 Oct 2013 13:26
Ford Transit Connect - Timing belt failure - gordonbennet

I have no idea if this will get a result for you Bob.

I've been told that in such cases the actions of what a 'reasonable person' would expect are taken into account by the judge, your course of action and claiming less than half the costs involved (not taking any account of your business or use of vehicle losses) is entirely reasonable, indeed almost generous.

I think you have a valid claim, what its worth i would be very happy if i'd sold you the vehicle and you rightly reasonably considered betterment with the newer engine and only wanted 1/2 the repair costs, the transfer would be in your bank now.

Wish you every success, in the same circs i would attempt to claim from the seller too, but my legal knowledge would fit on the back of a postage stamp.

Edited by gordonbennet on 14/10/2013 at 13:27

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Mon 14 Oct 2013 13:46
Ford Transit Connect - Timing belt failure - pd

No one can really say if you have a valid claim or not. Each case is individual and to a certain extent depends on who judges it on the day.

The problem with SoGA is that it applies to a pair of socks from Debenhams or a new Airbus A380. The same writing and same terms.

The fact that you declined a warranty will not help. Although your consumer rights cannot be removed the SoGA also has a "nature and type of sale" clause. It is basically there to establish ground rules for a negotiated sale of anything - it isn't there to stop two grown adults coming to an agreement on the nature of a sale. It specifically isn't there to allow people to decline warranties and then think they can get that same warranty for free elsewhere. If this was the case, everyone would know about it and all the 3rd party warranty companies would be out of business (perhaps not a bad thing!).

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Mon 14 Oct 2013 13:58
Ford Transit Connect - Timing belt failure - skidpan

So you bought a van having been told by the dealer that "there would be no warranty" and wrote on the invoice "Trade Sale no warranty" but you are now surprised when the dealer declines to pay for repairs.

You said originally "however I knew that I was protected under the Sale of Goods Act" so why do you need help from this site.

Sorry, but you bought the van with your eyes wide open and knew that there was no warranty but simply ignored the fact due to your superior legal knowledge.

If you think you will win just go ahead and take the dealer to court.

But be sure to let us know the result.

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