Evans Halshaw — car sold with void warranty
I am hoping you may be able to help with an issue I am having over a Ford Galaxy (WR13 NWX) that I purchased from the Evans Halshaw ford dealership in Blackburn approximately 18 months ago. When I purchased the vehicle I was informed by the sales team that the car had full serice history and the remainder of the original manufacturers warranty.
As a whole I was satisfied with the level of service from the dealers and the car drove and I never had a moments bother with the car.
Due to an increasing family size we have needed to upsize the car to a Ford Transit Tourneo Custom 8 seat minibus so unfortunately I needed to sell the Galaxy to fund the new vehicle.
I sold the car to Mr Malik a business man from London who after owning the car for about 4 days and covering about 500 mile began to notice issues from the gearbox. He took the car to a local Ford dealer who after investigation informed him that the car required a new gearbox. When Mr Malik informed me of this I told him that whilst I owned the car there was no issues with the cars gearbox and that the dealer should be able to rectify the fault under the original manufacturers warranty.
Shortly afterward Mr Malik contact me to inform me that in the service book there was only one service stamp, and this was from a service that was done whilst I owned the car, and there was no record of any service history prior to me owning the vehicle. I contacted the service department at Evans Halshaw Blackburn initially said they could not send proof of service via email, the service book would have to be returned to them to get it stamped, when they did finally agree to send the service confirmation to me via email they only sent the record for one interim pre purchase service at 37000 miles with no details of any services prior to this. After numerous phone calls it turned out the services prior to this had been carried out by Enterprise Vehicle Rentals who owned the car prior to me nut apparently although the service is carried out to Ford Standards they do not stamp the book. I eventually managed to obtain the service records from Enterprise with the help of the dealer principle in Blackburn and he forwarded them to the Trust dealer in London where the Galaxy was awaiting repair.
I assumed this would be the end of the matter, but then I was shocked when I got a call from Mr Malik to inform me that Trust had told him the manufacturers warranty would not cover the gearbox fault as on a service done prior to me owning the vehicle if the gearbox oil and filter were not changed as per Ford's schedule. I then got back in touch with the Phillip Leaver who contacted Enterprise to find out why the oil and filter change had not been carried out the reply was :
"In a further development
Enterprise tell us at the time the 3 year service was done their instruction for the gearbox oil was only to check it and that is what ARval were instructing their repairers to do
However they have since changed that policy to changing the oil and filter once Ford made them aware
I am told that they had some problems with Auto gearboxes and Ford agreed to repair them. Is that the case?
If that is the case this would appear to me like nobody has done anything because they didn’t have full knowledge"
After giving Trust Ford this new information they still said that the repairs were not covered as they could find no 'evidence' to back up the claim from Enterprise and that the service schedules were accessible online for third party garages to access so they should not have had this issue.
To cut a long story short after almost 3 weeks of email between Ford, Evans Halshaw and Enterprise no one is willing to accept liability for the oil and filter change not been carried out at the service at 37, 0000 miles in line with the Ford servicing schedule, so this is leaving Mr Malik with a bill for £4000.00 for a replacement gearbox. As a result as when I advertised the car I stated that it had the remainder of the manufacturers warranty on the vehicle he is now starting legal action against me as I advertised the vehicle inaccurately. I have spoke to the Consumer Advice Service and they have confirmed if I advertised the car with a full warranty but the warranty was void he may have a case in suing me for the cost of the new gearbox.I have informed Phillip Leaver and Dave Graham of this and they say there is nothing they can do to help with this.
As it was Evans Halshaw who sold me the car with a warrany that is void, although I appreciate it was not intentionally sold with a void warranty I feel that the company they could be more supportive in this matter in either offering assistance to get the gearbox fault rectified or in offering some assistance in my defence against the legal action that is been taken against me. If Mr Malik is successful in his claim it may cause heavy financial hardship on myself and my family it may result in me filing for bankruptcy as I would not be able to afford The £4000. for the gearbox plus legal fees and other costs incurred.
Whilst this issue was going on my wife gave birth to premature twins 8 weeks early and although it can not be proved we think the additional stress put on this as a result of the void warranty may have some bearing on the early arrival... the twins are currently in neonatal and one of them have been having a lot of issues with breathing and his heart rate due to been born so early. Although I realise this is nothing to do with the ongoing issue it is all adding to the stress and anxiety that my family is currently going through.
I appreciate the in the word of the law as I have sold the vehicle the contract between myself and Evans Halshaw is automatically terminated but I would have expected a large organisation like Evans Halshaw to show more compassion towards a loyal customer who has used your company for a number of years for both sales and servicing. I would appreciate any assistance that you can give in the matter and hopefully reaching a solution that will please all parties concerned.
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