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Jenny, Solicitor
Category: Law
Satisfied Customers: 6466
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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In April 2014 i purchased a car from Motorpoint, it was only

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In April 2014 i purchased a car from Motorpoint, it was only a few months old and advertised as an ex demo with 1500 miles on it. It purchased it as it was "as new" a good price and 3 yrs manufacturer's warranty.Two days ago, i broke down the engine stopped and would not start again, showing "engine malfunction".
I had the car recovered to my local ford dealer, who have serviced the car since i have owned it.They eventually found the ECU had a hole in it.
This is an aluminium box which is well hidden up in the near side front wheel arch with a plastic and a metal cover, both undamaged, The ECU was held in place by a standard 10mm bolt, which should be anti tamper shear bolts.So it looks as if the ECU had been changed, and must of been before i owned it as i have had no problems with it, until now.
It should be a sealed unit and not one with a hole in it. If it was a faulty unit i could of had it done under warranty, but as it is in this condition i cannot.I purchased this car in good faith, as an ex demo, and as new, car, and would expect it not to have an ECU with a hole in it on the car.
Due to it being well hidden, it has not come to light until now, and is not accessed for any service work.Do i have any come back or recourse from Motorpoint, ?I have sent them an email and photos as have the ford garage, so far they are saying no. The car has done about 60,000 now, regularly serviced as per the guide lines as i like to keep it in warranty should i need it.
Customer: replied 2 years ago.
By the way the repair is going to cost £1409.89
This is the response from Motorpoint to day via email.
Good Afternoon Mr Cage,I regret to inform you, Motorpoint wont be able to cover the cost of the ECU repair due to the following reasons· The Ford Mondeo - RJ13EXO was sold to Mr Cage on 15/02/14 - 22 months pasted without knowing the history of the car.
· Vehicle has covered 58550 miles – without any faults.· Four services would had been carried out – no faults raised during the service.
Motorpoint wont be able to take any further action in this matter.
Kind regards
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
oops did that by accident
Customer: replied 2 years ago.
So to clarify, basically i bought a car as nearly new only 1500 miles on it, expecting it to be as new and with manufacturers warranty. to now find that the ECU was at sometime before i purchased it replaced, and replaced with a part that was damaged, and has now failed.
Hello my name is ***** ***** I am happy to help you today. In your original question you state that the vehicle was purchased with a 3 year warranty. That being the case the dealership should not be refusing to repair it or meet the cost of the repair.
They are trying to put you off bringing a claim.
You should write to them and say if they do not provide a remedy within 7 days you will bring a county court claim to recover your losses in breach of contract and Under the Sale of Goods Act.
If there is anything further you would like to know please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
Hi Thanks for the reply.The car has a 3 yr manufacturer warranty. The part that is in question has at some point before i purchased been replaced, but with a damaged part, so the Ford garage can not change under warranty as it is clearly a faulty or damaged part been fitted. I dont know if that was by the garage (motorpoint) or a showroom that had it before. .Motorpoint sell a 2 yr guarantee as an extra, but as the car was only a few months old it has the manufacturers warranty so i didnt feel the need for this.I cant prove who fitted the damaged part, all i know is that it was done before my ownership. on a car sold as near new.
But if you were sold the car as ex demo you can argue on that basis they have misrepresented the car to you and therefore if a part has been replaced then that is their problem not yours. If the warranty does not cover it hen the sale of goods act does as you were entitled to a correct description of the car which you clearly have not received. You should send a letter before action to the dealer and take them to court for the cost of the repair if they will not resolve it. Please let me know if you would like anything clarified otherwise I will be grateful if you would take the time to rate my answer. Thank you and all the best.
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