Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase

Honest John Back Room » Legal matters
View Threaded
Tue 1 Sep 2015 11:49
Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase - RobertRS

Hi everyone,

I bought a car on a Friday and didn't use it for a week (holidays), and the Monday after that I drove it to work and noticed it was losing a lot of power so I took it to a garage near work that same morning. The turbo had failed. I called the dealership that sold the car to me and initially the didn't want to do anything about it. Then they got around and said best they could do was pay for half of the cost of the repair.

I contacted the citizens advice at that point and they told me to send them a letter with their template asking for full refund as the car was not fit for purpose.

I kept talking with the dealership but they kept their ground stating that they don't know what I did with the car after the purchase, that the car had to cost at least 5,000 for me to ask for a repair or replace, and that the car had passed an MOT the day I bought it so it must be something I did.

I told them what the garage told me, the turbo was new someone had recently changed it and didn't change the oil pipe feed and the filter there had clogged. This was a problem present at the moment of sale. They keep saying their company is too new and they don't have the resources to fix it at their expense and that I'm getting a good deal by paying half of it because they will tow it to the garage at their expense and they will fit a new cambelt too which is not part of the problem.

At this point I told them I want a repair at no extra cost to me, a compensation for the cost of the repair and I will repair it at another garage or a full refund. I haven't heard from them again.

Next week is the deadline on the letter I sent them, what are my options at this point? I will take them to the small claims court if necessary but I would like to try all other routes. I just want a car to get to work.

Reply | Report as offensive | Link
Tue 1 Sep 2015 12:16
Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase - FP

The dealer is putting you off with b******* followed by more b*******.

"... best they could do was pay for half of the cost of the repair." They had better be prepared to do more than that - either a full refund or a repair with no charge.

"... they kept their ground stating that they don't know what I did with the car after the purchase..." Irrelevant. The car is assumed to have a fault when purchased, in this scenario.

"... the car had to cost at least 5,000 for me to ask for a repair or replace..." No. NO!

"... the car had passed an MOT the day I bought it so it must be something I did." The MOT does not test turbos, as far as I know, though I suppose the emissions test would be skewed by a faulty turbo.

"... I told them I want a repair at no extra cost to me, a compensation for the cost of the repair and I will repair it at another garage or a full refund." Well done! However, legally, I believe you're entitled to demand the dealer repairs the car or refunds you. Getting the repair done elsewhere complicates things and would presumably have to be resolved in a small claims case, with arguments about whether the cost is reasonable etc. etc. (Yes, I know you're heading in the direction of small claims anyway.)

"Next week is the deadline on the letter I sent them, what are my options at this point? I will take them to the small claims court if necessary but I would like to try all other routes." I don't think there are any. You could remind the dealer of the deadline, perhaps, and state that you will start legal action if you don't get any satisfaction. (Send letters with proof of delivery.)

My guess is that the dealer is hoping you will give up, and may well fold when he sees you are serious. Do come back to us and let us know how things go. Best of luck!

P.S. Sorry I triggered the swear filter - I was so cross at the male bovine excrement coming from the dealer.

Edited by FP on 01/09/2015 at 12:22

Reply | Report as offensive | Link
Tue 1 Sep 2015 12:44
Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase - RobertRS

Thank you for your quick response, it made me happy, at some point I thought I was the crazy one. I plan on calling the citizens advice again but your suggestion of a reminder in letter seems appropriate too.

I will post any developments as the story unfolds. What worries me is that they are pretty new in the business and I think they believe they are in the right so there may be nothing I can do but take them to the small claims court.

You said getting the car fixed somewhere else would complicate things, I am really tempted to fix the car out of my own pocket and then take them to the small claims court for compensation. Would this work or is it a bad idea? I think I could have it fixed for less of what they quoted me.

Reply | Report as offensive | Link
Tue 1 Sep 2015 13:06
Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase - FP

"I think I could have it fixed for less of what they quoted me."

You can ignore what the dealer is saying on this - it's part of their agenda, so I think the cost is irrelevant here. I was thinking that going elsewhere for the repair muddies the waters because it is the dealer's responsibility to fix or refund.

Perhaps others may wish to comment.

Reply | Report as offensive | Link
Tue 1 Sep 2015 15:38
Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase - galileo

If this is, as they say, a 'new' business, they may well go the insolvency route if your small claim succeeds - whatever you paid them for the car (and any other cash assets they had) could have disappeared.

Reply | Report as offensive | Link
Tue 1 Sep 2015 16:59
Ford Fiesta 1.6 TDCI - Turbo died 10 days after purchase - Palcouk

Presumably this is the same thread that was posted to Ask HJ

If the garage isnt prepared to pay the full cost of repair or refund the vehicle cost then your only option is small claims court, either you pay for the fix yourself, or you stop using the car whilst the court procedings carry on. Which ever you choose it will probably take at least 6 months to resolve, and you may then have to take further court procedings in order to recover any monies awarded by the court

Reply | Report as offensive | Link

Looking for a garage you can trust? Honest John's Good Garage Guide has thousands of reader recommended garages, plus how-to guides and tips on servicing.

The Good Garage Guide