Garage refusing to honour warranty

[Resident]

So this isn't me, it's a friend of my Mrs.

She bought a car and it cut out and refuses to start again. It was towed to the garage where the warranty is held and they began working on it. They have changed several electrical components (starter, plugs, leads) and changed the oil.
This hasn't fixed the car.

Today they called her and told her they wouldn't be fixing it under warranty because:

1. They found oil on the tips of the plugs (the new ones they fitted). There was no mention of this when they removed the old ones.
2. They claim she has missed her service interval by a whopping 100miles.

Now I know missing the interval by 100miles is nothing, it won't cause a total engine failure and a service, other than plugs, changes nothing electrical.

I am of the opinion that they've found the issue and it's a costly repair so they don't want to pay out.

What are her options?

 

[theone8181]

IANAL but missing a service is likely going to weaken her position I'd have thought not too mention how did she overshoot by 100 miles? Maybe it's work they done previously and have bodged?

 

[Resident]

IANAL but missing a service is likely going to weaken her position I'd have thought not too mention how did she overshoot by 100 miles? Maybe it's work they done previously and have bodged?

I have asked this question and been told that it's booked in for service but they didn't have any slots available till mid next week.

In all fairness I have a Focus ST and I've missed 2 services by 100+ miles each time and had no issue. Google suggests that 1k either side of the service interval is generally OK but obviously recommends closer the better.

It's a common family car not some hypercar so 100 over should be nothing.

 

[theone8181]

I have asked this question and been told that it's booked in for service but they didn't have any slots available till mid next week.

In all fairness I have a Focus ST and I've missed 2 services by 100+ miles each time and had no issue. Google suggests that 1k either side of the service interval is generally OK but obviously recommends closer the better.

It's a common family car not some hypercar so 100 over should be nothing.

Oh I get that (and I'd be worried if 100 miles killed it), but I'm just thinking it gives them extra ammo, and the last few cars me and the mrs have had have all given a month/1,000 miles notice if a service needing to be done, infact one was a mk3 focus so you have no excuse.

 

[Semple]

You've not said how long she's owned it. If less than 6 months then reject the car.

 

[BUDFORCE]

What car, what garage?

Gotta name and shame.

 

[Resident]

You've not said how long she's owned it. If less than 6 months then reject the car.

7.5 months unfortunately but came with an extended 1 year warranty, which she paid extra for, above the standard 3 month the dealer offers.

Nothing about the car was changed, until this garage tried (and failed) to repair it.

What car, what garage?

Gotta name and shame.

Ford B-Max. I don't know the garage unfortunately. I know it's not a main dealer.

As I said in the OP, I'm strongly of mind that they know exactly the issue is but repairing it will be expensive, hence trying to welch on the warranty.

 

[Diagro]

Who's the warranty with?

 

[Resident]

Who's the warranty with?

I'm not sure at present. I have asked & waiting on reply. I believe it's a product sold by the dealer themselves (which is a large used car dealership based in Northampton)

 

[Diagro]

I'm not sure at present. I have asked & waiting on reply. I believe it's a product sold by the dealer themselves (which is a large used car dealership based in Northampton)

You should have the paperwork then no?

 

[jpaul]

suppose you could call their bluff - if the problem is unrelated to the late service is a small claims court really going to find against them/friends
ask garage for written details of the problem and say you will be commisioning a independant engineers report as your evidence to submit.

 

[rodenal]

Manufacturers usually give you a written tolerance for service intervals of X miles and y months (beyond the recommended period)

Highly unlikely 100 miles is outside of this tolerance so I'd be finding that paragraph from the book and telling them to get the car sorted at this point.

 

[b0rn2sk8]

It’s also highly likely to be irrelevant to the cause of the fault. 100 miles is nothing and frankly a rounding error, it’s literally 0.1% of a typical service interval. It’s well within spec and if they tried that on with me I’d ‘politely’ tell them what I thought.

If engines typically lunched themselves for going 100 miles over a typical 10,000 mile service interval, the actual service interval would be more like 5,000 miles.

From the description, they see a someone who doesn’t really know about cars and they are trying to mug her off with nonsense to get out of an expensive repair. Unfortunately this is the motor trade though and through, particularly when it comes to dealing with women.

 

[kindai]

Most importantly, is the dealer refusing to repair it, or is the warranty company refusing to pay out?

Is any of it taken on finance for a S75 claim? As that will be the most powerful route to take.

 

[cjgardens]

From what I've heard, warranty on a second hand car is pointless. I've just bought a car with a years warranty and a few minor faults have popped up so I'm going to try to make a claim.

From my understanding, if you haven't got it serviced on time then you have broken the contract, so any warranty claims are voided. 100+ miles is nothing I know, but a contract is a contract?

 

[Resident]

Who's the warranty with?

You should have the paperwork then no?

Most importantly, is the dealer refusing to repair it, or is the warranty company refusing to pay out?

Is any of it taken on finance for a S75 claim? As that will be the most powerful route to take.

Warranty is with the dealer directly. Paid in cash (well bank transfer). She has all the sales paperwork. It sounds to be a generic warranty contract but I've not seen it myself.

Manufacturers usually give you a written tolerance for service intervals of X miles and y months (beyond the recommended period)

Highly unlikely 100 miles is outside of this tolerance so I'd be finding that paragraph from the book and telling them to get the car sorted at this point.

It’s also highly likely to be irrelevant to the cause of the fault. 100 miles is nothing and frankly a rounding error, it’s literally 0.1% of a typical service interval. It’s well within spec and if they tried that on with me I’d ‘politely’ tell them what I thought.

If engines typically lunched themselves for going 100 miles over a typical 10,000 mile service interval, the actual service interval would be more like 5,000 miles.

Ford state on their own website that ideally services should be done on or before the interval however intervals are set with a 1000 mile/1 month over tolerance buffer as they 'appreciate life can get in the way'.

From the description, they see a someone who doesn’t really know about cars and they are trying to mug her off with nonsense to get out of an expensive repair. Unfortunately this is the motor trade though and through, particularly when it comes to dealing with women.

Exactly my thoughts from the moment I was asked about it.

 

[Jono8]

That is a pretty laughable excuse to worm their way out of the warranty, and i doubt it would stand up in court should you go down that route.

 

[Journey]

Was any of it >£100 paid on a credit card? If it was and if it turns nasty, section 75 could sort out the full value of the car.

 

[kindai]

Warranty is with the dealer directly. Paid in cash (well bank transfer). She has all the sales paperwork. It sounds to be a generic warranty contract but I've not seen it myself.

Well lesson 1, always take *some* finance.

At this point id be rocking up there with a formal letter and a copy of fords website on the service issue, and telling them they fix it, give a refund, or give a replacement car of equal spec or you'll start small claims against them.

I wouldnt be getting into arguments about engineers reports or any of that, its irrelevant, they need to make it right.

 

[Housey]

The service miss by 100 miles is a red herring and would easily be dispensed with on many levels.

It sounds like another example of the motor trade trying to get out of responsibility. I assume you are talking to the garage owner? If not then you need to start and if still you get nowhere it will be small claims.

As I always say with these things never be angry. Be firm and clear in all your asks, give them time and if still not satisfied seek a legal approach if you want the fight. If it’s a main dealer bring in the manufacturer and maybe use social, again without anger.