Dear All

I have just (last thursday) purchased a 07 Reg FORD FOCUS ZETEC 2.0 from Dagenham Motors. Its under a 12 months warranty. When i drove the car back it was all fine but suddenly on Sunday it didnt start and the dashboard started reading Engine System Failure.

The car had to be towed back to the dealer and the breakdown mechanic's initial views was that the battery was drained and the clutch collapsed.

Now the service manager at the dealer says that the gear box has to be opened to check the clutch and it also seems that the starter motor has gone bust.

The Dealership has asked me to pay for the clutch replacement since they claim that its due to my driving that it has got burnt.

I am completely surprised as i have hardly driven for 20 miles in the last 4 days and i know how to use a clutch.

Is there anyone who can advice me on the following please:

1. Is it possible that the clutch could have been burnt by my driving in just 4 days and despite the warranty should i paying for the clutch?

2. If the gear box is opened and also things like starter motor are all collapsing, is it advisable to actually keep this car any longer

3. Do i have any right under the warranty or any general right to return the car and claim my full cash refund.

4. Can i complain to Ford about all this or do i have to limit myself to the dealer only.

Thanks in advance.

The Service Manager is completely out of order and is just trying it on. I would tell them not to be so rediculous as you have only driven the car for 20 miles and are absolutely horrified that they could have sold you a car in such poor mechanical condition.

They are supposed to be a reputable dealer and I am sure that Ford themselves would not put up with that type of behaviour from one of their dealerships.

1. Is it possible that the clutch could have been burnt by my driving in just 4 days and despite the warranty should i paying for the clutch?

No - its more likely to have been damaged by the previous owner (if second hand) and I would threaten him with returning the car if he does not resolve the issue for you, The car has been sold to you in a non-roadworthy condition (must be fit for purpose and with a stuffed clutch - its hardly that!), and under the sale of goods act, you have the legal right to use the warranty that they have given you, or if you are disatisfied, can return the car for a full refund, Quote the words "This Vehicle is NOT fit for purpose".

2. If the gear box is opened and also things like starter motor are all collapsing, is it advisable to actually keep this car any longer

If they replace anything yes, but personally I would say no - that is purely because I am a pesimist with these things, I have learned the hard way that whenever I have owned a car and something went wrong - I should have given up in the first place! Its entirely up to you and what you think on the car - but a clutch should last a lot of miles (at least 45,000 average of 60,000)

3. Do i have any right under the warranty or any general right to return the car and claim my full cash refund.

As I mentioned above under the sales of goods act, you have driven the car for a reasonable period, you have not exhausted the car out of a reasonable condition. you have the right to return the car as it is in dissatisfactory condition, was sold to you with a fault, and as btmaldon said, there is absolutely no way they should be asking you this. I was dealing with a branch of Dagenham motors, and they also tried it on a few times. I hope they sort things out!

4. Can i complain to Ford about all this or do i have to limit myself to the dealer only.

Write to the dealer and then also write to Ford UK. record all correspondence with them, and make sure you quote what they have said when you write (snail mail!) to Ford, send all correspondance via post with recorded delivery so you always have a record.

It is completely unreasonable they are demanding you pay it. however I must commend you if you can take a car that 'clearly' had a "perfect" - "brand spanking new" gearbox - and you managed to burn the clutch within 20 miles. I presume your local field now looks like a quarry after you spend the last 96 hours doing non stop donuts on the local astroturf? lol ;) :P

Take what they say with a pinch of salt, and dont be afraid to hand the keys back and walk away with a full refund. If all else fails - threaten them with trading standards, and advise you will be writing to your local newspaper (presuming you are kent based if its dagenham motors - suggest writing to your college friend who works at the Kent Messenger who would be more than happy to publish an article on your behalf!

Good luck and please do keep us informed!

thanks guys.. i love ur responses..and i mut admit after the last few hours of frustration i feel the vigor to fight and am smiling aswell.

the car did 32K miles before i got it..it was a motability vehicle so not sure if that has anything to do with the way the earlier disabled person used it.

I am currently waiting for the dealer to come back to me formally with all the things...should i wait for him or give him a call...

This morning when he raised the point about me paying i did blast him and said that i dont want anything and that he should return my money back.

I will surely keep you all posted and am preparing a defence speech based on you guidance here.. :)

Thanks again!!!

sorry one more things if i do return the vehicle what happens to the MOT i have paid on it and the Insurance. also what happens to the £70 fuel.. :(

Just got a call from the service manager. He said that the issue was with the starter motor which had jamed and that drained the battery and caused issue in the clutch.

After opening the gear box they found that everything is fine except the starter motor which they have replaced and everything seems to be working fine and the car is doing ok.

He said that the 5th gear is a bit stiff so he is going to get that adjusted but other than that all seems ok.

He said that he wants to get the battery fully charged today and then I can collect it tomm. he will also do a full heath check up.

Nothing to pay since the starter motor was under the warranty.:)

Now what do u guys say? Can I rely on these facts that he is saying the truth and it wont happen again? Should i still go for a refund or give it another try...i do have a 12 month warranty with them.

Thanks again...

Just got a call from the service manager. He said that the issue was with the starter motor which had jamed and that drained the battery and caused issue in the clutch.

After opening the gear box they found that everything is fine except the starter motor which they have replaced and everything seems to be working fine and the car is doing ok.

He said that the 5th gear is a bit stiff so he is going to get that adjusted but other than that all seems ok.

He said that he wants to get the battery fully charged today and then I can collect it tomm. he will also do a full heath check up.

Nothing to pay since the starter motor was under the warranty.:)

Now what do u guys say? Can I rely on these facts that he is saying the truth and it wont happen again? Should i still go for a refund or give it another try...i do have a 12 month warranty with them.

Thanks again...

Personally I would give it another go. if they are replacing the starter fair enough, but I query how the Starter Motor / Battery have had an affect on the clutch (what exactly was the problem with the clutch in the first place?). If they do however start throwing their weight about saying "you need to pay for this, that and the other", Then I would walk away!

Good to hear it seems to be improving, but be careful. once a battery is fully drained and recharged, its not the same quite afterwards and could have a shorter lifespan, so if the battery is damaged directly, and you start having faults, they should be obliged to replace it (as long as its a reasonable amount of time (up to 6 weeks)) otherwise you may end up paying out for a new battery.

Good luck, and look forward to your responses.

If they do the full health check, then good stuff, get everything in writing for what they have done, and all recommendations.

I suggest however that any costs incurred due to this (minus fuel, as you cant claim that back [otherwise the likes of MOT etc]) keep the receipts, as if you do return the vehicle then you can claim them back as expenses incurred. but like I said they will refuse to reimburse fuel.

ok. Let me go and collect the vehicle tomm and i will check all this at that point. I have anyways dropped an email clarifying all the points you have raised here.

There was no issue with the clutch except that i was finding it to be a bit stiff and the 5th gear getting stuck.

It was the AA guy who first said that the clutch had collapsed and he had smelled clutch burn which was later supported by the service manager till he actually opened the gear box.

I have asked him how are the motor-battery and clutch related...

thanks

Dude your battery trick worked.. they have put in a new battery..there was nothing wrong with the clutch.. it was misinformation provided by AA which lead to all the confusion...i have asked them to give a copy of the health checkup aswell....fingers XX

Glad to hear you're managing to get all this resolved. Hate it when dealers, or anyone tries to shaft people like this.

Ture, and i am glad that i wrote at this forum.. it just helps to share each other experien ce so that no one can take you for a free ride...

the best part is that i was thinking all will be smooth as am not buying from a CAR KRAFT but a DAGENHAM MOTORS... and also i had got my relative who works for FORD to put in a personal reco to make sure the car is all checked in advance.. but still these things happened!!!

Thanks to you guys.. its all falling into place hopefully... :D

Dude your battery trick worked.. they have put in a new battery..there was nothing wrong with the clutch.. it was misinformation provided by AA which lead to all the confusion...i have asked them to give a copy of the health checkup aswell....fingers XX

Sorry, im lost by that bit (dont worry its easily done!) - guess they realised the battery was stuffed?

Glad that you got it sorted, and it goes to show, standing your ground can make a big difference!

Its a shame when an experience with a dealer goes Sour - but I hope that a nice easy resolution (on this ocassion) means you keep / develop some confidence with the car! It is a very good car overall, I only traded mine in because it was the runt of the litter!