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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this can't be legal (brand new vehicle)

61 replies

Wafflesnaffler · 20/09/2022 16:21

My friend bought a new (2022 model) van from a Ford dealership 2 months ago. About 2 weeks ago she smashed the rear windscreen while reversing. Incidentally, it happened because the parking sensor was still in the yellow (rather than red, to indicate she was getting very close to the obstruction). Her insurance company can't get the windscreen replaced because there aren't any spares anywhere - Ford stopped production of these windscreens until further notice, due to "a quality control issue". Ford have said this is indefinite, they can't even give an estimated date when production will restart. This is her sole vehicle and she uses it to transport equipment needed for her job, so while she waits she's having to hire vehicles, borrow friends' vehicles, turn down certain jobs etc.

This doesn't sound legal to me. Surely an official dealership shouldn't be allowed to sell brand new vehicles which cannot be repaired if necessary (she's been told that some people are even having to have cars written off which should be repairable)? I'm not even talking about the potential issue of whether there's a fault with the rear windscreen or rear parking sensor.

AIBU to think that this sounds like it's in breach of some sort of consumer right? This is a brand new model, under warranty - shouldn't the dealership or manufacturer have to shoulder the burden of repercussions from the vehicle being unrepairable within 2 months of purchase, due to a quality control issue? Surely she shouldn't just be stuck with the damage to her livelihood, without any solutions being offered or accepted (courtesy vehicle/taking the rear windscreen out of another vehicle on the forecourt/whatever), when the whole reason she bought new was to feel safe and be hassle-free?

OP posts:
Tiani4 · 21/09/2022 05:54
  • production not "Pepsi uti"Grin Gosh my phone 😱
Simonjt · 21/09/2022 06:01

Its fairly common for new vehicles to lack spare parts, usually because manufacturers are only supplying production, rather than making generics for consumer use. A lack of a rear window doesn’t make a vehicle unsafe to drive, it just needs covering with a metal or thin wooden panel in the mean time.

HelplessSoul · 21/09/2022 06:27

@Tiani4

"It's not a "production supply Brexit covid" issue that many car parts are facing, it's a Ford themselves have stopped production "due to their own quality" issues"

Yes, and as a result of that, if you read the OP's post there are NO spares either.

So until Fords suppliers who produce the glass to the right conformity for Fords vehicles, it IS a supply chain related issue. Not sure why people cant understand this.

Regardless, OP's friend is the one who caused the damage, not Ford. Its on HER, not Ford. Period.

FlamingoQueen · 21/09/2022 06:37

A friend had this with their car - the rear sensors weren’t working properly and they hit something (was low down and not seen to start with). The garage paid for the repair due to the sensors. If I were your friend I would be asking Ford for a courtesy vehicle while they kept hold of mine to wait for the part. Would be worth checking the legal side too because they may be able to return the car.

Ifailed · 21/09/2022 06:38

I think OP's friend needs to talk to the legal department of her insurer. Regardless of how the damage was caused (& I expect the insurer will take a dim view of the driving skills shown) it would be reasonable to expect to repair a brand new vehicle. Unless made clear and the time of sale, you don't just purchase the vehicle, but an expectation that spare parts are available to keep it on the road. I think Ford are liable to assist your friend.

HelplessSoul · 21/09/2022 06:41

No legal dept can "magic" up some glass if theres none in inventory 🤦‍♂️🤷‍♂️

Some seriously bad "advice" there....

GasPanic · 21/09/2022 09:07

It's a common thing in many industries at the moment. Some parts are on very long lead times. I have a part I tried to order in February. They originally said August, now they have said not until January next year.

I have no idea whether there would be a legal basis for claiming from the supplier, but if you think there might be maybe it is worth talking to your local Trading Standards office, I am sure they will be able to tell you pretty quickly whether or not you have a case.

Wafflesnaffler · 21/09/2022 10:43

I think the people who are basically saying "she broke it herself, so she has no rights" are missing my point. I don't see how it's relevant how it got broken - I didn't even ask her the ins and outs of how, because I don't see the relevance (for all I know it smashed when she reversed into an oversized marshmallow). The fact that she's driven hundreds of thouands of miles over the course of many decades without mishap, would also be irrelevant.

To answer @user1471447863 and people asking similar questions, the sort of thing I'd expect Ford to do in their position (and what's making me question the legality) are:

Cease sales of the model while they're aware of a quality control issue which prevents the vehicle being repairable in the event of damage
or
Instruct sales staff to advise customers who are about to buy this model (especially under warranty when the customer is under the impression that they can expect repair to be an option in the event of damage) that spares of x, y and z parts are unavailable for the forseeable future due to quality control problems and the customer should be prepared to be without a vehicle indefinitely, in the event of needing that spare part for whatever reason. Customers could then make an informed decision and if they still chose to buy, I would then agree that they could be held responsible for the situation they find themselves in
or
If not prepared to do either of the above, Ford should at least be trying to put measures in place to prevent customers from being off the road indefinitely (whether they need the vehicle for transporting equipment to jobs, children to school, groceries from the shop to home, themselves into work or for whatever else). By this I mean - as I've said a few times - offering a courtesy vehicle!

I'm not disputing or failing to comprehend the supply chain issues, I'm saying they shouldn't be selling this model, under warranty (which gives the buyer a false sense of security) with full knowledge of repairs being impossible indefinitely, without first advising the buyer of the potential problems.

It would be like Worcester Bosch selling you a boiler directly (not through an agent) with a warranty, knowing there were no spare parts available for the forseeable future (incidentally due to their own quality control not war, pandemic, freak weather etc) and not mentioning that to you when you bought it. Then when it breaks because your two year old twiddled some knobs, you have to put up with the cold because it can't be fixed. Some people focus on the fact that you should've been watching the two-year old, therefore tough luck you should suck up the cold. Some people focus on the fact that the parts just don't exist, which part of that don't you understand....tough luck you should suck up the cold. I'm saying that those things are irrelevant, what I'm saying is that it was wrong to sell it, knowing it can't be fixed, with a warranty which strongly implies repairability and that if they chose to sell it they should have forewarned you of the indefinite inability to repair. The real situation, with this vehicle, is actually more favourable because all they need to do is provide a courtesy car! Not so easy to provide a courtesy boiler.

OP posts:
Wafflesnaffler · 21/09/2022 10:45

@Tiani4 Thanks, yes I totally agree

OP posts:
Wafflesnaffler · 21/09/2022 10:48

Anyway, thank you all for your input, it helps clarify things and she's seen your answers and the poll result which I think mostly give her confidence to try to push for a courtesy vehicle.

OP posts:
HelplessSoul · 21/09/2022 10:50

@Wafflesnaffler

"I'm not disputing or failing to comprehend the supply chain issues, I'm saying they shouldn't be selling this model, under warranty (which gives the buyer a false sense of security) with full knowledge of repairs being impossible indefinitely, without first advising the buyer of the potential problems."

There is no law prohibiting sales - thats why Ford and countless other car OEMs afflicted by supply chain issues are allowed to continue selling their vehicles.

Your view, and that of your friend, matters not one iota while the legality of sales is adhered to. Sounds harsh, but that is the bottom line.

sunflowerdaisyrose · 21/09/2022 10:54

@girlmom21 my one and only accident in 25 years of driving was slowly reversing and a stray branch I hadn't noticed (and obviously above the sensors) smashed my back windscreen. Yes it was my fault and a stupid mistake but accidents do happen and they should be fixable! I don't think it makes someone a terrible driver who shouldn't be on the road.

GasPanic · 21/09/2022 11:00

How do you know :

a) That they knew about the issue when your friend bought it.

b) That they are still selling the model.

c) That when and if they do sell it they aren't quoting either long delivery times to cover the issue or warning people about the issue ?

Arguing on here won't really get you anywhere. You'll get lots of advice, some of it reasonable, some of it rubbish but nearly all of it non professional and someones personal opinion rather than fact.

Talk to Trading Standards and if they think you have a reasonable case they will tell you.

Also if you are looking for publicity to try to force resolution, then as others have suggested email some of the consumer programs like watchdog, maybe some motoring magazines and see what they have to say about the issue. They are always looking for industry related stories and may help you to get the situation resolved.

user1471447863 · 21/09/2022 13:17

You seem to think ford should be doing something for her but this is nothing to do with ford. They sold her a functional vehicle and no part of that has prematurely failed due to manufacturing fault etc. This is accidental damage thus the responsability of her insurance company.
I'm sure ford has all service items and normal wear and tear items available to maintain your vehicle but this is neither of those. Do you also know if a replacement door is available? Or interior carpet set? Lots of manufacturers are having supply issues and turning out vehicles with not quite all the options for that trim level.
Crooks are even stealing cars to break for spares now as some parts are simply not available.

This is on her insurance to resolve - whether that means writing off the vehicle, organising a temporary repair while awaiting availability, organising an alternative rear door option (if even possible), obtaining a 2nd hand one from a crashed vehicle dismantler (or crook) or going through a custom vehicle glass manufacturer to produce a replacement. This isn't on ford to compensate her.
Yes it sucks though but they've not said it will never be available.

Raul57 · 21/09/2022 13:35

HelplessSoul · 21/09/2022 06:41

No legal dept can "magic" up some glass if theres none in inventory 🤦‍♂️🤷‍♂️

Some seriously bad "advice" there....

True but they should be able to "magic up" another van FoC.

Alexandra2001 · 21/09/2022 13:47

@Wafflesnaffler

I think the van is made in Turkey?

I d be looking at trying to source the part myself from a European dealer, i suggest this because i needed a radiator for a Octavia, no Skoda/VW ones in UK, local Skoda dealer said 4 week wait but i had one fitted in France, with a 24hr lead time.

girlmom21 · 21/09/2022 13:57

True but they should be able to "magic up" another van FoC.

Why?

HelplessSoul · 21/09/2022 16:44

Raul57 · 21/09/2022 13:35

True but they should be able to "magic up" another van FoC.

Er no.

Thats up to the INSURER, not Ford.

🤦‍♂️🤦‍♂️🤦‍♂️🤦‍♂️

moonypadfootprongs · 21/09/2022 17:01

Your getting some utterly ridiculous answers on this thread OP. Lots of the posters clearly on a wind up!
The cause of the glass breakage is not relevant.
It is reasonable to expect that parts for a brand new vehicle should be readily available in a reasonable timeframe. Which a year or more is not. She has presumably paid thousands of pounds for a reliable vehicle and she is not unreasonable for being unhappy that the part she needs is unavailable.
If companies can't stock replacement parts for vehicles already on the road they should not be producing more until they can.

Raul57 · 21/09/2022 17:08

Raul57 · 21/09/2022 13:35

True but they should be able to "magic up" another van FoC.

Easily "magic up" a slightly older van I'm 100% cert about that as the demand for vans has crashed as so many were made/bought during the mass of Covid.

I agree with OP Fords should not be selling vehicles where something like a window is not being produced for whatever reason

HelplessSoul · 21/09/2022 17:16

@moonypadfootprongs

"If companies can't stock replacement parts for vehicles already on the road they should not be producing more until they can."

Another one who clearly doesnt know how supply chains, lead times and legality of vehicle selling works....sheesh. 🤦‍♂️

torquewench · 21/09/2022 17:19

Has your friend tried somewhere like Autoglass rather than a Ford dealer? She can check on their website what's available by inputting her registration number.

moonypadfootprongs · 21/09/2022 17:33

HelplessSoul · 21/09/2022 17:16

@moonypadfootprongs

"If companies can't stock replacement parts for vehicles already on the road they should not be producing more until they can."

Another one who clearly doesnt know how supply chains, lead times and legality of vehicle selling works....sheesh. 🤦‍♂️

@HelplessSoul did you mean to be so rude?
I'm well aware of how things work thank you. But the fact remains it is unacceptable for a part to be unavailable for so long. Particularly on a brand new vehicle which is almost certainly still in production.

Lunar270 · 21/09/2022 17:38

HelplessSoul · 21/09/2022 17:16

@moonypadfootprongs

"If companies can't stock replacement parts for vehicles already on the road they should not be producing more until they can."

Another one who clearly doesnt know how supply chains, lead times and legality of vehicle selling works....sheesh. 🤦‍♂️

For the benefit of some of us, do you care to explain how an OEM after sales system works please?

I'm sure I know already but am clearly missing something here.

I don't think I've owned a car where the dealership hasn't been able to replace the vast majority of parts. Some parts are naturally difficult but glass isn't one of them typically.

Lunde · 21/09/2022 17:39

Can she ring around reclamation yards to see if anyone has a second hand one