'My second-hand Ford is being written off with a known issue - but no one is taking responsibility'
Every Monday we get an expert to answer your money problems or consumer disputes. Find out how to submit yours at the bottom of this post. Today's question is...
We bought a Ford C-Max second hand four years ago. It's less than eight years old now with 77,000 miles. Our garage says the car is a write-off due to a known issue with EcoBoost engines. Ford refuses to pay for repairs. Anything I can do?
Rory Raftery
Rory did not leave his contact details so we haven't been able to talk to the dealership - but we had some luck with Ford. First though, Scott Dixon, from The Complaints Resolver, lays out your basic rights...
Your contract is always with the trader who sold you the goods (in this case the garage), not the manufacturer.
Any reference to warranties is irrelevant, as the Consumer Rights Act 2015 overrides this and gives you an implied statutory warranty for free for up to six years in England and Wales and five years in Scotland.
The act states that goods ought to be:
- Fit for purpose
- As described
- Satisfactory quality
- Last a reasonable length of time
As we are past six months since you bought the car, the onus is on you to prove it had inherent faults when it was sold.
I would seek an independent report to reinforce your case and dispute. Given that this has been a well-known issue with EcoBoost engines for quite some time, the trader who sold you the vehicle should have carried out additional checks.
A cursory Google search reveals that a loss of engine power and serious valve damage is commonplace on higher mileage EcoBoost engines.
I would check to see if this vehicle has been subject to a recall. Also check the MOT history to see if any advisory notices were flagged and not remedied before you bought the vehicle.
Is the garage a member of The Motor Ombudsman? You can check that too here.
How did you pay for it?
You should always pay at least a deposit by credit card if possible, as it gives you additional free protection and joint liability under S75 Consumer Credit Act 1974 for purchases over £100.
If you paid a deposit by credit card, contact your credit card provider and say you want to raise a S75 dispute and claim for a faulty car.
They will ask for more details – say the supplier is in "breach of contract" under the Consumer Rights Act 2015 and has supplied a defective/faulty car. You have exhausted all options with the retailer and cannot resolve your dispute.
If the car is on finance, they bought the defective vehicle from the dealer and own it. You can go down the same route and raise a S75 claim against them for a breach of contract under the Consumer Rights Act 2015.
If you reach a stalemate with the credit card provider or finance company, ask for a deadlock letter setting out their final position so you can submit a formal complaint (with the final response/deadlock letter) to the Financial Ombudsman Service (FOS).
They do not like cases being referred to the FOS as it costs them money. The FOS will examine documents given to you as the customer at the point of sale. The dealership is responsible for any representations made in those documents. You are seeking to reject the car, so make this clear.
Offers made will be calculated on the anticipated lifespan of the goods – time of use and depreciation. Ask for any offers made to be evidenced with calculations to ascertain how the amount has been arrived at.
Car dealerships will often cite that they are entitled to deduct 45p a mile for use on refund calculations when you try to reject a faulty vehicle. This is a scam. The FOS has ruled that 25p a mile is fair and acceptable, so keep that in mind when any offers are made.
Statutory limitations on any consumer dispute is six years in England and Wales and five years in Scotland from the date the goods were received.
This does not detract from the expected lifespan of the goods – it is simply a limit on the time you have to resolve the dispute under the Consumer Rights Act 2015.
Options and next steps
If all else fails, you could take your case to the small claims court if it was England, or follow simple procedure in Scotland.
Ford response
A Ford spokesperson told the Money team: "Ford is confident in the robustness and reliability of its EcoBoost engine technology when the stated guidelines for maintenance and service are followed.
"Ford UK is happy to investigate service support and/or compensation measures for any customer who believes they have had an EcoBoost engine issue and is happy to review cases with a full-service history for vehicles up to 10 years old with less than 150,000 miles.
"For any customers in the UK whose vehicle meets these parameters, you can speak to our customer relationship team and contact details can be found on our website here."
Ford offered to look at this specific case - but sadly Rory didn't leave contact details for us to pass on.
This feature is not intended as financial advice - the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
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