Error Messages On Fiesta Ecoboost. Any Advice Please?

[zebra]

Hi wondering if any of you have heard of/experienced this
issue.

My mom bought a 1 litre eco boost fiesta in December. a few months ago, on starting up, an error message came saying: engine malfunction, service soon. So this happened a few times, and the word malfunction is clearly worrying so she took it back into the dearlership where she bought it from, who put it on the computer but found no faults. They said they had reset the computer and this should not appear again.

Roll on a few days and the message: engine malfunction service now came on, only this time the car lost acceleration, and she had to pull over to restart the engine. 4 days later this happened again so she took a picture of the message rang the dealer back and got it booked in to have
it checked out again. In the mean time this has started to happen more frequently (upto 5 times a day) and almost every day!

She took it back in and again they found no issue but said they think it might be a sensor that is being triggered and sending the engine into safe mode – hence the lack of acceleration. The garage have said they will get on to Ford about it, but not enough complaints for Ford to actually do anything about it... She had barely got out of the forecourt when it went again, she took it back but they didn’t seem interested to see the problem in action.

Now obviously this is rather unsafe, and there is clearly something wrong with the car any advice on where to go from here.

Many thanks

[Nathan_M]

What dealer is this, a large UK network ford dealer or single garage ford dealer? Also contact ford of the UK they regularly offer discounts on work carried out etc and could revoke the Ford random from them if service is terrible, obviously though more pressing for the dealer is that it's going to be repaired under warranty and so won't be at the top of their list cc compared to paying customer's, and since no faults are being reported by the ecu it will be an expensive task for them, that's the problem as engines and parts become more exotic they become harder to fix, and there isn't much you can do your self if there is no error code to work from , you could always try another ford dealer in your area as the warranty will be valid there too.

[MrKnoe]

Well I don't know where consumer rights are in this. But surely if you bought it in December and they can not repair the car then the product is faulty? I would suggest getting onto the route of consumer rights and if they cannot repair the original car then considering its still under a year a replacement?

[iNath]

I'm sure the Dark Knight will be along shortly to advise on the legal route ;) if any product develops a fault within the first 6 months it is deemed to be a manufacturing fault which they must repair or replace. (Sale of Goods Act) I also believe you'd be quite within your rights to reject the vehicle.

[zebra]

Hi Guys thanks!

I think she is going to call the garage back and if no joy call ford directly. Does anyone happen to know the appropriate number??

Today the message appeaered, and lost acceleration 3 times in 1 journey, and the last time the engine management light came on and didnt go off when she retared the car...

She need to drive on the motor way in a few weeks and is getting quite nervous about it as obviously this car is not safe on the motorway.

thanks

[Nathan_M]

If the light is staying illuminated then there will now be a fault logged and stored, maybe more than 1 fault, take it to a dealer again and see what they say this time, also try to be there waiting for them to plug it in if possible then they will find it hard to fob you off, good luck.

[zebra]

OK ill tell her to mention that when she rings the garage tomorrow. If not i may get her to try a different garage.

I think you may be right about them not being bothered as she is not a paying customer (warrently) part.

[zebra]

So a quick update on this. The problem was getting worse not better, and the engine light coming on more often, so last week she called Ford direct, following advice from here, explained the problem, and it seems the dealer had not reported it at this time (a week after she took it to them). Who promised to call the dealer and then her back. A week later no call from Ford so she rang them again on Mon and told hem the car is no longer fit for purpose, and not happy So yesterday they did call her back and have sent some parts to the dealer so hopefully these will be fitted in the next few days, and the car will funtion normally again.

Between this time, the warning sign and the engine cut offs were happening a lot more frequently (5 times in 20 miles), and i witnessed this on sat morning, she hadnt even gotten off our drive!! the message was on, and the engine was making wierd kind of convusling noises, as if pulsing on and off (difficult to expalin with out sound effects). she has recorded every time this has happened and the milage for amunition should she need it for amunition

So it seems getting ford incolved is slow, but hopefully will sort the problem. Ill update if it does!

thanks for all your help.

[Nathan_M]

Sounds ignition based, perhaps. I doubt you will hear from Ford now, sounds like they have or will give the dealer a nudge, hope it's sorted out soon for you and mother so you can get some proper use out of the car.

[The Dark Knight]

How very remiss of me to not notice this topic! Yes I do have knowledge of consumer rights as that was a strong subject for me. The hour is late so I cannot go into great detail at this time. Suffice to say I think this is last chance saloon for the dealer.

The fault occurred within 6 months of purchase and they have been given chances to repair it. The fault is self evident and their computer showing no problems is of no significance. They can quote all the small print they like, nothing blocks your statutory rights and I think this could be heading towards rejection of the car. That's not as unrealistic as you may think but I will explain why tomorrow when I get a chance to respond fully.

[The Dark Knight]

Right then zebra. If we go down the road of rejection of vehicle, she will need to stop using it once the dealer has been notified of the rejection. This is because they will argue you simply cannot have rejected the goods if you are still driving around in it. Before court action, you must write to the dealer informing them of your right and intention to reject the goods under SOGA. You must highlight that because the fault occurred within 6 months of purchase, the goods did not conform to the standards required by S.14 at the time the car was handed over (as per S.48A).

The authority of Rogers v Parish makes it clear in simple terms that just because the goods are otherwise ok, does not make the goods of satisfactory quality.

The key thing that is considered at all times is are the goods of satisfactory quality that the 'reasonable person' would expect. This includes safety, durability, freedom from minor defects, fitness for purpose etc.

They would dismiss your rejection and would come across as strong and confident but don't be fooled. They will argue you have accepted the goods by using it and later accepting repair. Your letter though will state that you have given them numerous chances to repair and they have failed to do so.

This is a great case to cite in these circumstances:

Clegg v Andersson (t/a Nordic Marine) [2003] EWCA Civ 320

With regard to the deemed acceptance provision in s.35(4), the Sale and Supply of Goods Act 1994 had altered the law with regard to the correct approach to the lapse of reasonable time. Consequently, the time taken to effect modification or repair was to be taken into account in resolving questions of fact arising under s.35(4), Bernstein v Pamson Motors (Golders Green) Ltd [1987] 2 All E.R. 220 disapproved.

In Clegg v Andersson T/A Nordic Marine, speaking of Bernstein v Pamson Motors, Sir Andrew Morritt VC said: "As the judge acknowledged that decision has been criticised (104 LQR 18). Further it was based on the terms of s.35 before amendment by the Sale and Supply of Goods Act 1994. It is unnecessary to express a view as to whether the decision of Rougier J was correct before the amendment to s.35 effected by Sale and Supply of Goods Act 1994. In my view it does not represent the law now. As originally enacted s.35(1) provided that a buyer was deemed to have accepted goods, inter alia, “when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them”. S.59 provided then, as it does now, that what is a reasonable time is a question of fact. The material difference arises from the removal of that part of subsection (1) to subsection (4) and the addition of subsections (5) and (6). Thus subsection (5) provides that whether or not the buyer has had a reasonable time to inspect the goods is only one of the questions to be answered in ascertaining whether there has been acceptance in accordance with subsection (4). Subsection (6)(a) shows that time taken merely in requesting or agreeing to repairs,
and, I would hold, for carrying them out, is not to be counted."

The great thing about the small claims court is that you pay a variable yet small amount to file the claim (which you get back if they settle or you win in court) and you represent yourself. The dealer has to cough up barrister fees which is why most will crumble before court time. Even if it went to court and you lost you pay no costs!

The great thing is that if the dealer fought it all the way to court and won, it would cost them substantially more in legal fees than it would to cave in and repair it. They won't admit that of course and would at all times come across as confident, hoping that the customer will wave the white flag and go away. Sadly, customers rarely use the power of SOGA to take retailers on and I can understand why. Lots of hassle and time consuming when it is so much easier and less stressful to cave in to their demands


Never any guarantees in the court room but most are settled before then through negotiation. Just for info if nothing else

[The Dark Knight]

Just as an add on, be mindful of this (although most car battles I have come across do go through small claims):

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

[zebra]

Thanks for taking the time to give me such detailed info Dark Knight!

Ford rang her back this week and sent parts to the dealer. So today she has taken the car to the dealer and they have fitted these parts.

She got home without any problems, which given recent outings is an improvement, so hopefully the problem has been resolved. If not then the info you have posted will come in very handy as I think she may well have had enough!

I'll let you know if the problem has been resolved with todays actions.

Thanks again :)

[The Dark Knight]

No problem. Hopefully the problem will now be fixed...

[catherinesmith]

Exact same thing happening with my ford fiesta ecoboost 2013 plate. Been in the garage 3 times and still having same problem. Last time it was in garage they said they had given it a software upgrade. Still engine malfunction light coming on. Getting taken back again tomorrow. I am truly sick of this.

[Lewtube]

Happening with mine to, 3 times in 3 weeks.. 63 plate 4000miles took it to arnold Clark and they say they can't spot a fault on the computer? So what I get a 1 year old car and within 3 weeks I'm getting error messages?

[MattDRX]

Tell both dealers the car isn't fit for purpose and you're handing it back, if they refuse just park it over the entrance and leave it there until they fix it.

Sent from my SM-N9005 using Ford OC mobile app

[catherinesmith]

Funnily enough, the garage we took it to was Arnold Clark's in Carlisle!

[zebra]

The only thing I can suggest is to contact Ford directly! this is what worked for my mom, the garage were useless! They got back to her after a few weeks and then sent parts to the dealership who fitted them. She hasnt had any problems since (touch wood).

[matt1981]

Zebra, what were the parts that ford delivered to the dealer if the dealer claims they couldn't spot a fault in the first place?

My 14 plate is currently in for a new fuel sender and rail pressure sensor after breaking down within 5 days. Parts have to be ordered from Germany

Sent from my GT-I9100 using Ford OC mobile app

[zebra]

Sorry I have no idea, not sure my mom really knew, or if she did she didnt tell me. I vaguley remember it was some sort of sensor but what I dont know, but it was this time last year i think.

[catherinesmith]

Where do you get a contact number to phone ford directly, instead of just a "contact us" e-mail address

[kevz155]

Hello everyone,

I am actually a Fiesta Ecoboost 1.0L 2014 owner from Taiwan. The car is assembled here however engine I believe is made in UK. Currently, I am encountering the exact same issue in which the Engine Malfunction light comes up as if the car engine is about to stall. The car would lose acceleration until an engine restart where the malfunction message/light and lost acceleration issue would go away.

The problem happens more so when pressing on the gas becomes sudden or too lightly or during an uphill climb. I have already taken it to the mechanic numerous times and they have swapped the CKP sensor along with the computer unit the second time. Recently, I just took it in to service for my 20K maintenance only to find the problem surface again after a few months of not showing up.

Any comments from the other Fiesta Ecoboost owners would be greatly appreciated. The car is about a year old and as long as the problem occurs, Ford mechanic's computer would recognize a CKP sensor malfunction.

[Jess Boggis]

I am getting the message “cooling system closing down” then the radio turns off