DJ_Andy_M Posted November 11, 2014 Share Posted November 11, 2014 Following the complete failure of my engine due to it running away in May due to what I presume was a complete failure of the turbo (i've read injector problems could also cause this???) I've tried to wrestle with my warranty company for them to fix it, to no avail. As the car is on finance I'm trying to initiate a section 75/75a/sales of goods act case against the finance company and the dealer. They have asked for evidence that the problem was inherent at time of purchase. Googling a lot, the problem on these engines for the MK2 and MK2 facelift seems to be endless, and there has been a few places I've read that say that a Technical service Bulletin was issued for this problem. I am now trying to source this so I can attach this with my other bits to initiate this case. Can anyone point me in the right direction for this? Cheers Andy Quote Link to comment Share on other sites More sharing options...
jeebowhite Posted November 27, 2014 Share Posted November 27, 2014 Hi Mate, the onyl evidence that would be acceptable is an independant engineers report, you would be refunded the cost of this if the report reflects the fault was present at the time of purchase. Its a tricky situation, but giving them all the information and having them inspect the car will allow them to judge the issue was present at the time of purchase. Unfortunately, unless its completely evident, or at very least exceptionally likely, then your section 75 will fail. Quote Link to comment Share on other sites More sharing options...
troy45 Posted November 27, 2014 Share Posted November 27, 2014 How long ago did you buy the car? I'm sure that anything that goes seriously wrong in the first 6 months is taken as having been present when the car was sold. Quote Link to comment Share on other sites More sharing options...
DJ_Andy_M Posted November 27, 2014 Author Share Posted November 27, 2014 Well I've submitted a load of stuff to them as they requested :) As regards evidence that the problem was inherent at time of purchase, after talking with a friend in the know he is pretty sure that the technical service bulletin that was reissued 5 months after I got the car is evidence enough. Not only that, the number of posts regarding these engines and turbo failures is phenomenal. There was also a presentation done by APi that demonstrates how, and why it happens, and that just replacing the turbo will not fix it (they're part of the "HDi family"). http://www.webalice.it/a.beccia/appoggio/api-dv4ted6-carbon.pdf What ever the outcome, if it gets fixed or not I've been absolutely mugged off by the dealer, and warranty company, and i'm selling it one way or another. Quote Link to comment Share on other sites More sharing options...
DJ_Andy_M Posted November 27, 2014 Author Share Posted November 27, 2014 How long ago did you buy the car? I'm sure that anything that goes seriously wrong in the first 6 months is taken as having been present when the car was sold. Almost 3 years ago now. Its been sat dormant since May. Section 75 will apply for the entire duration of the agreement from what I've been told, and even after that the Sales Of Goods Act will protect me apparently. Quote Link to comment Share on other sites More sharing options...
DJ_Andy_M Posted November 27, 2014 Author Share Posted November 27, 2014 Here's part of the TSB. Can't post the rest for obvious copyright reasons. Quote Link to comment Share on other sites More sharing options...
jeebowhite Posted November 27, 2014 Share Posted November 27, 2014 section 75 was one of the best things to ever happen to a consumer...I think you will still stand a chance but proving 3 years of use hasnt been any part of the decay of its health is the hard part. its one of those scenarios where you really need to be able to succeed, is proving beyond reasonable doubt the issue was the case. Quote Link to comment Share on other sites More sharing options...
DJ_Andy_M Posted February 24, 2015 Author Share Posted February 24, 2015 Well the verdict is in... Ombudsman are refusing to help as all of the evidence provided apparently isn't enough to conclude that the problem was inherent at point of sale. So my options are I guess: - Reject their findings, spend yet more money on the piece of rusting crap to get the engine stripped down to basically prove that its seized, to then be told that it still doesn't prove the problem wasn't inherent when clearly a TSB was issued, a full break down of why and what happens including pictures by APi, and many many pieces of anecdotal evidence describing the exact symptoms and results as I have had in my book is evidence enough. - Buy a new engine, exhaust system, and every other bit that needs replacing since being sat around and then try and sell the thing/keep it to get the same problems a couple of years down the line. - Sell it as it is and try and make as much money as I can to put towards paying what remains of the finance and take it on the chin. I'm devastated as I would have paid over £11,000 in finance by the end of this year, plus however many more £1000s in repairs to try and keep it running prior to the failure. £11,000 I could have spent elsewhere in reality. Quote Link to comment Share on other sites More sharing options...
jeebowhite Posted February 24, 2015 Share Posted February 24, 2015 What does the ombudsman say the evidence does prove? Quote Link to comment Share on other sites More sharing options...
IINexusII Posted February 24, 2015 Share Posted February 24, 2015 This reminds me of the last episode of top gear, being a PSA engine 2 Quote Link to comment Share on other sites More sharing options...
DJ_Andy_M Posted February 24, 2015 Author Share Posted February 24, 2015 What does the ombudsman say the evidence does prove? On a second re-read of the letter, they aren't saying it proves naff all. They've had the turbo report that says it's heavily carbonised. Admittedly I haven't had a full inspection of the engine. This was not carried out or even offered originally by the garage who took the car on (when I attempted to initiate the warranty that's actually a lemon). So I'm going to have to get the thing inspected as it MAY show the real cause of the problem, but I'm not confident that it will seeing as the thing ran away on its own oil which would have created more problems than the initial problem that caused it. This reminds me of the last episode of top gear, being a PSA engine Hahahaha! Quote Link to comment Share on other sites More sharing options...
jeebowhite Posted February 24, 2015 Share Posted February 24, 2015 I see your conundrum, I think it's worth getting the report if you plan on them fixing it and you keeping it... Otherwise if you don't what's the value of it as is. Quote Link to comment Share on other sites More sharing options...
Dee_82 Posted February 24, 2015 Share Posted February 24, 2015 Its worth considering that much of the stuff in your car will get you a good price on the markets, especially things like ECUs and clusters, wont help much but if you could break it yourself it might save you some cash, if you decide to cut your losses that is Quote Link to comment Share on other sites More sharing options...
iantt Posted February 24, 2015 Share Posted February 24, 2015 get a 2nd hand engine and turbo, get it fitted and sell it on quickly, then buy a petrol car next time. Quote Link to comment Share on other sites More sharing options...
jeebowhite Posted February 24, 2015 Share Posted February 24, 2015 Yeah but sometimes the cost of refitting an engine and the time it takes outweighs the getting rid of it Quote Link to comment Share on other sites More sharing options...
iantt Posted February 24, 2015 Share Posted February 24, 2015 worth sod all without an engine Quote Link to comment Share on other sites More sharing options...
DJ_Andy_M Posted February 24, 2015 Author Share Posted February 24, 2015 Getting a report is what I can do, but as I say, due to the engine running away like it did there is a massive risk that it has caused further damaged and could and probably has masked what actually caused it to start running on its own oil in the first place. I think the turbo its self is still working and usable as the report didn't mention any broken parts, just carbon deposits and scoring. Nothing about any seals. So I'm suspecting that either the seal went in the turbo and it wasn't picked up or there is its the leaky injector seals. I can put the report up for you to see if you'd like because maybe I'm interpreting it wrong. Further to your replies Iantt, I've been contemplating replacing the engine, but I suspect it'll need a complete new more than just a new DPF. The catalytic converter is going to be toast due to the amount of junk that would have went through it. As regards a Petrol car... I have one... 2000 Ford Mondeo Estate 2.0 black top :D I would love to break it but it's currently parked on a private car park near my house, and I'm actually surprised they haven't removed it. It wouldn't be fair to the owner for me to take the P further. Quote Link to comment Share on other sites More sharing options...
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