Mod Kieren
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Posts
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Ford are covering it all! Woohoo! 100% contribution to the repairs. That's a brand new engine, when replacing one that has done 40k miles
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I have quickly received the response "Please confirm what it is you are expecting from us, you have had a vehicle for 6 months and done above average miles in that period, so the vehicles was sold to you in good conditional and very much fit for purpose, therefore this is not an issue of consumer rights. We are actually trying to help you not pass the buck but your issue is with what is covered by warranty and not if the vehicle was fit for sale, as the belt that went was not due for replacement and there is no way we could have predicted this failure. I will therefore pass your emails on to our legal team and inform them to expect your legal action, they can then correspond with yourself direct any legal representation you wish to use, you will therefore need to speak with Marshall’s and Ford UK about having your vehicle repaired with them. I will send copies of the services carried out as a spate email but as I stated before, the belt was not due to be changed so therefore will not be on any invoices. Regards Darren" I'm not sure what I feel in receiving that. Makes me feel a little more uneasy in being confident that I'd win in court - what do you suggest I respond to this?
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I responded Dear Darren, Irrespective of the warranty, you, Evans Halshaw are the supplier, and are bound by the provisions of the Consumer Rights Act 2015. I am not interested in buckpassing, or any further delays. This response is not satisfactory, and the clock is still ticking following my letter before court action. I would appreciate the full detailed service history and any and all work done on the vehicle being sent over, preferably, it can be sent over via email, or posted to my address: ... Yours sincerely,
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"If you need us to supply any evidence regarding service history and work that was done, please feel free to contact myself or Stef." I will make a response along those lines, but should I request those documents at this time - given that they are offering? Also, I am going to get in contact with Barclays to update them on the situation, and find out if they've gotten anywhere for me.
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That is what it looks like to me - I don't know the actual process details behind the scenes with ETIS, all I know is that it's Ford's online technical info centre, I don't know if repair garages have to use it, even if Marshall have made a mistake there, that doesn't make Evans Halshaw innocent under my potential claim. With regards to LBA, that's already what I've sent and they are responding to now, with 14 days notice, mentioning specifically 28th December as the date I will send out court action.
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I have been speaking with my work shop team regarding the engine issues you have had and I understand that you were speaking with Stef my aftersales leader prior to speak with myself. For some reason there is no open session on ETIS for your vehicle which is the 1st step prior to speaking with Fords prior approval department, also they seem to have carried out a lot of work before carrying out these actions and then telling you Ford would not cover this under warranty. What I suggest is that you go back to Marshalls and ask them to contact Ford as to why this is not covered, I would also contact Ford customer services and ask them to speak with Marshalls direct. We will help out where we can but without the vehicle being on site and an session being opened on ETIS, there is not much more we can do from here. If you need us to supply any evidence regarding service history and work that was done, please feel free to contact myself or Stef. Regards This is the response I just received by email - I have forwarded it on with comments about my conversation with Evans Halshaw, to my contact at Marshall Ford anyway, to find out their comments and to inform them. Do you suggest responding to Evans Halshaw making it clear it is them I am holding responsible?
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Awesome, thanks for the advice!
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How much is normal for claiming back "inconvenience"? Is this generally something that's looked for?
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Yeah, that makes sense. If they got Ford to offer anything of like 70%+ contribution, I'd be in a situation of serious consideration - as you mentioned earlier in the thread, I have used a proportion of the engine's lifespan already. Feeling semi hopeful - but not expecting too much at the minute. Just want this nightmare to be over with really, not being able to drive is quite a downer, specially this time of year. My understanding of MCOL online, is that I can set up the claim fully, up to the point of actually sending it, and it is saved in the system for me to come back to - I will likely do this at the weekend so it is ready to fire come 28th. I'll be away from home at the time, until the first week of the new year.
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Useful advice - thanks. I guess the overall goal is to convince them I am seriously going through with this, and will not back down, encouraging them to act sooner. This all should be easier when dealing with him in an email conversation too. Assuming they do get back to me tomorrow, I'll update the thread with the response. Also, no word back from Barclays yet, I'll make a call to them on the direct number I have for my case manager there, to get an update on anything from their perspective and to let them know what's occurred.
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I sent letter by recorded delivery and also saved out a PDF version of the letter attaching it to an email and sent that over. No traditional acknowledgement email back from their customer services so far. Received an email response stating: "We’re sorry to hear that your issues haven’t been resolved. We will chase this up for you today and someone will contact you shortly" Will be interesting to see what they say. Okay - update: Evans Halshaw customer services pushed the issue to someone at the Bedford Dealership, who called - he acknowledged the letter that he'd seen through the email chain, and wanted to discuss it with me, and get an understanding of the situation. He said he doesn't understand why I am going after Evans Halshaw, and mostly denied responsibility, bleating about warranty. I stood my ground claiming several times, regardless of the warranty, my statutory rights under the Consumer rights act still stand and therefore I am holding Evans Halshaw responsible. The guy seemed shocked, and kept on acting strange, I believe trying to sway me to believe it is Ford I should be chasing after for the warranty, but of course I didn't back down. I told him to read the diagnosis and information sent over from Marshall Ford, which I discovered he hadn't read, despite being in the email chain and referenced in the letter too. He said he will contact Marshall and also speak to Ford, and see what he can do, saying he will get back to me today or latest some point tomorrow. I recommended he emails me any information since I am at work - to which he agreed. So nothing as of today, expect a response tomorrow - he seemed to firmly believe Ford should cover it, at least to a large contribution of the cost. We'll see. Suspect he may just try to delay, but they may push Ford a lot more than Marshall if he is genuinely worried about it going further.
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Few quick questions: For the LBA, would sending via email be sufficient, or should I send by post, or both? If sending by post, I should be serving to their head office, rather than the specific branch I'd assume too - and addressed to whom in particular? With regards to documents I'd be using as evidence, I've read a few different things, should I be including copies of these documents, or simply listing?
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Well, unless I get contact early Monday, I will be sending them an LBA on Monday. They have completely just played delaying tactics so far, not even meeting their own 3 day policy. Hopefully then they'll actually honour me with at least some kind of response, but obviously at this stage, I am fully committed to going through with court action.
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Well, Evans Halshaw missing their own 3 day policy may well be a gauge of how serious they're taking this matter. No email response from them, over 3 days since I initially contacted.
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I imagine a lot of the time customers feel as if the company is already working on it and they have no reason to make further contact until they receive a response. Seriously though, trying to force you as the customer to adhere to their policies as well as stating that it's confidential! That's remarkable, ha.
