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Stazinskem
Hi
Can anyone help?
I have a 56 plate 2007 Ford focus 1.8 sport with a connections pack. 28,300 miles on the clock.
Bought from new I have had problems in the past with gaining entry into the car. I also have thought that the MPG is pretty bad. (Average 26/28 miles). There has also been problems with the boot opening whilst in motion and now my drivers door window auto winder setting is not working.I have had the car into my local dealer a few times during the warranty period and all they have done is update the programme on the PCM and change my drivers door handle. MPG stayed the same and the door entry was an intermittent problem afterwards.
Recently i lost all the power to the car whilst it was parked overnight. I was told a cell had gone down in my battery so replaced it for a new one through my dealer. (Paid for not warranty).
A few weeks later i parked the car at the airport for 8 days and on return found the car to have no power at all. Couldn't even get in the car unless unlocked it manually.
After finally getting home and being told by the company who rescued me that there was a power drain on the car i had 2 separate independant auto electricians take a look at it and they have come up with the same solution that the PCM (powertrain control module) is not turning off certain things throughout the car, i.e, odometer and radio display. They tell me that this cannot be corrected and that the PCM will have to be replaced. I have been quoted 1,030.00 from my local Ford dealer just for the part plus VAT and labour to install and programme to the car.
Shocked at this I contacted Fords customer services and my local dealer who are not willing to do anything as a gesture of goodwill or otherwise even thought the car is less than 4 years old? I am now therefore in despair as to what I can do to resolve the problem with the minimum cash outlay.
Not knowing at the time just how much the PCM controls on a car (pretty much everything) I have just taken Fords actions as being sufficient. If i had known what the PCM did I would have pushed to have it replaced whilst the warranty was still valid.
Please if you help me. I am a newby to the site and have found out a lot of info but could do with some spcific guidance.
Many thanks in advance.
catch
well from what I can glean from your post, it would appear you have a PCM fitted to your car which is not fit for purpose. As defined in the sale of Goods Act. In that it developed a fault that Ford via their agents failed to diagnose or rectify. A fault which has been proved by two independent auto electricians.

Now if you read the linked to [url="http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html"]Sale of Goods Act fact sheet [/url] you will come across this paragraph;

[i]"For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement)"[/i]

Now all that said, where two parties dispute the interpretation of said Act. It may need to be tested in a Court of Law, now that is not as expensive as one may first think.
[url="http://www.aboutsmallclaims.co.uk/small-claims-online.html"]Small Claims Court Online[/url]

Lets for example look at your dispute with Ford. Would a Small Claims Court look at your case, and agree it was reasonable to assume there was indeed a fault with or induced within the PCM whilst being worked on by Fords agents under the warranty period? Would it also be reasonable to expect said agents to diagnose and rectify the fault. Would it be reasonable to assume the PCM on any car should function correctly for at least a period of six years?

If the answer any third party would come to, is yes to all points raised above. Then it has got to be worth the £70 to £80 fee for submitting the claim to the court.

Truth of the matter is the majority of companies will initially reject any claims put to them by a disgruntled customer. This initial rejection is to test you on three points.
1. Are you aware of your rights under the Sale of Goods Act.
2. Do you have a total belief in your claim.
3. Do you have the resolve to pursue the claim.

Put your case in writing to Ford, and see what they say. You may be surprised to find they may indeed choose to settle the claim with you. Rather than have your claim tested in court and found in your favour. Thus opening the floodgates to claims of a similar nature.

I would appreciate, considering the time I've put over to offering this advice. That you in turn keep the forum up to speed with any communications you enter into with Fords, their replies. And or wither you do indeed eventually pursue them in the Small Claims Court. Or even choose to do none of the above...just for the record you understand.

good luck
artscot79
[quote name='catch' timestamp='1289469923' post='103808']
well from what I can glean from your post, it would appear you have a PCM fitted to your car which is not fit for purpose. As defined in the sale of Goods Act. In that it developed a fault that Ford via their agents failed to diagnose or rectify. A fault which has been proved by two independent auto electricians.

Now if you read the linked to [url="http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html"]Sale of Goods Act fact sheet [/url] you will come across this paragraph;

[i]"For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement)"[/i]

Now all that said, where two parties dispute the interpretation of said Act. It may need to be tested in a Court of Law, now that is not as expensive as one may first think.
[url="http://www.aboutsmallclaims.co.uk/small-claims-online.html"]Small Claims Court Online[/url]

Lets for example look at your dispute with Ford. Would a Small Claims Court look at your case, and agree it was reasonable to assume there was indeed a fault with or induced within the PCM whilst being worked on by Fords agents under the warranty period? Would it also be reasonable to expect said agents to diagnose and rectify the fault. Would it be reasonable to assume the PCM on any car should function correctly for at least a period of six years?

If the answer any third party would come to, is yes to all points raised above. Then it has got to be worth the 70 to 80 fee for submitting the claim to the court.

Truth of the matter is the majority of companies will initially reject any claims put to them by a disgruntled customer. This initial rejection is to test you on three points.
1. Are you aware of your rights under the Sale of Goods Act.
2. Do you have a total belief in your claim.
3. Do you have the resolve to pursue the claim.

Put your case in writing to Ford, and see what they say. You may be surprised to find they may indeed choose to settle the claim with you. Rather than have your claim tested in court and found in your favour. Thus opening the floodgates to claims of a similar nature.

I would appreciate, considering the time I've put over to offering this advice. That you in turn keep the forum up to speed with any communications you enter into with Fords, their replies. And or wither you do indeed eventually pursue them in the Small Claims Court. Or even choose to do none of the above...just for the record you understand.

good luck
[/quote]

i have to agree here the fault was present when the car was under warranty which you should bring up with ford uk however the dealer did not investigate this thoroughly so you could argue they were aware of what was wrong but because of the cost hoodwinked you which if im honest is exactly how it sounds you need to get tough with them now and make it clear you will take this forward and you have the proof that they were aware of the issue but done nothing satisfactory about it given the age of the car and the fault and the fact the fault was present within the warranty period you need to go for it dont back down
Stazinskem
[quote name='catch' timestamp='1289469923' post='103808']
well from what I can glean from your post, it would appear you have a PCM fitted to your car which is not fit for purpose. As defined in the sale of Goods Act. In that it developed a fault that Ford via their agents failed to diagnose or rectify. A fault which has been proved by two independent auto electricians.

Now if you read the linked to [url="http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html"]Sale of Goods Act fact sheet [/url] you will come across this paragraph;

[i]"For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement)"[/i]

Now all that said, where two parties dispute the interpretation of said Act. It may need to be tested in a Court of Law, now that is not as expensive as one may first think.
[url="http://www.aboutsmallclaims.co.uk/small-claims-online.html"]Small Claims Court Online[/url]

Lets for example look at your dispute with Ford. Would a Small Claims Court look at your case, and agree it was reasonable to assume there was indeed a fault with or induced within the PCM whilst being worked on by Fords agents under the warranty period? Would it also be reasonable to expect said agents to diagnose and rectify the fault. Would it be reasonable to assume the PCM on any car should function correctly for at least a period of six years?

If the answer any third party would come to, is yes to all points raised above. Then it has got to be worth the 70 to 80 fee for submitting the claim to the court.

Truth of the matter is the majority of companies will initially reject any claims put to them by a disgruntled customer. This initial rejection is to test you on three points.
1. Are you aware of your rights under the Sale of Goods Act.
2. Do you have a total belief in your claim.
3. Do you have the resolve to pursue the claim.

Put your case in writing to Ford, and see what they say. You may be surprised to find they may indeed choose to settle the claim with you. Rather than have your claim tested in court and found in your favour. Thus opening the floodgates to claims of a similar nature.

I would appreciate, considering the time I've put over to offering this advice. That you in turn keep the forum up to speed with any communications you enter into with Fords, their replies. And or wither you do indeed eventually pursue them in the Small Claims Court. Or even choose to do none of the above...just for the record you understand.

good luck

Thank you for this invaluable information for and for the time taken to give me this. Rest assured there is a letter on it's way to Ford UK today. I will keep you posted with any outcome.
Once again, Thank You.
too big wheels
If you have Bluetooth get it checked in case it's draining your battery by not turning off.

First step is disconnect to see if fixes battery drain problems. May need dealer help to to this, I would not know where to start.....
Stazinskem
Thanks for the info . I have not submitted a letter to fords yet as armed with all the info received from you good people I went back to my ford dealer. They agreed to put the car through a diagnostics. (at my expense of course). After 24 hours they pinpointed the problem down to the radio so disconnected it and asked me to run it for a couple of weeks. This we did and low and behold the drain stopped. They suggested replacing the radio. I managed to get a comparable radio from a local salvage company and got the dealer to install it. Guess what, the fault re- appeared. I suggested that if this was happening then it couldn't in fact be the radio and must be something else. The salvage company did indeed suggest it was possibly down to the Bluetooth unit. I tool the car back just this week (Wednesday 8/12/10). They ran the diagnostics again and have now told me the fault has appeared in the keyless ignition. They suggested replacing this so I have instructed them to fo so. The bill so far has been 117. I am expecting it to get up near the 500 mark by the time we are done. The dealer suggested taking the costs up with Ford customer services once the problem is solved which I will attempt. I am hoping to get the car back today so will post the results and any success I have with Fords in due course. Many thanks for your assistance.
Wytechpw
I have a 56 plate 1.8 focus sport and it also has battery drain. It now takes about a week to completely drain battery. Had new battery and been to auto electrician. It could have done it all its life, I have had it from new, but never not used it for a whole week until about 3 plus years old. Air conditioning has never kept its pressure since new either.
kioni

Hi - I have a ford fiesta diesal 1.6 van. Its 13 months old, though I've only had it for 10 months. The battery has died on me twice. Each time I've called the AA who have given me a "battery needs replacing" report. I called the dealer they said the battery is only covered for 12 months since new! So, if I go out and put in a non-Ford battery (e.g. Bosch). Would that invalidate the warranty?



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