Why won't our dealer repair the faulty gearbox in my daughter's 2009 Ford Focus?

My daughter has had a 2009 1.6 Zetec Ford Focus for about 16 months, purchased from a Ford dealer with about 3,500 miles recorded when acquired. Soon after she took possession, she complained that the car occasionally jumped out of second gear - mainly on overrun downhill. The original Ford dealer plus another have both failed to rectify the problem and I am concerned that the manufacturer's warranty will expire without the problem being solved. Do you have any explanation that might help to locate and rectify the fault?

Asked on 2 May 2011 by RJ, via email

Answered by Honest John
The box needs stripping and rebuilding, but this is such a big job that the supplying dealer has avoided it. Quote the Supreme Court ruling of Clegg v Olle Anderson (trading as Nordic Marine) 2003 to the supplying dealer and tell him that if he does not either buy the car back or fix the fault you will have it fixed independently and will sue him via the small claims track of the county court for the cost. See: www.honestjohn.co.uk/faq/consumer-rights/
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