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tow bar
by G Walker - 24/08/26 06:52 PM
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Forums39
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Joined: Nov 2024
Posts: 525 Likes: 85
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Similar MMC response on radiator warranty to a member of LogMog who has a Plus Six. He mentioned that it either got done under warranty or he would involve a Barrister ... guess what happened ... he has a new radiator.
Plus Six "Rachel" Volvo C40
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1 member likes this:
+8Rich |
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Joined: Aug 2021
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Talk Morgan Regular
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I don't have the time/ costs for CX radiator replacement, but I remember someone telling me several years ago that a radiator change on a Plus Six was more involved and costly that a Plus Four, due to limited accessibility to the radiator. On the Plus Six the front wings have to come off, whereas I don't think they do with the Four??.
Dave Plus Six "Squeak" Roadster departed. 1936 BSA Empire Star Q8. 1935 BSA W7-35. 1938 BSA M20
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Joined: Jul 2015
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Talk Morgan Regular
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Mark. maybe different type of rad and airflow?
DB That is my point...why not replicate the BMW radiator OR go to BMW's/Toyota's radiator supply and get them to make them?
Honesty means doing it right, even when no one is looking!
2004 Roadster S1 3.0 V6 gone!
Mark
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Joined: Aug 2020
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Talk Morgan Addict
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It might be worth reminding ourselves and identify the production time line to the various changes Morgan introduced in repponse to the radiator failures
Because the cooling failures on the CX-generation Plus Four and Plus Six models were caused by a combination of physical design and electronic software, the factory response was introduced in phased intervals:
1. Hardware Production Update (2021)
The Swirl Pot & Revised Radiator: Morgan incorporated the coolant swirl pot, an altered expansion setup, and a revised radiator design into standard assembly line production during 2021. This physical hardware change was meant to reduce aeration and cavitation in the cooling tract.
2. Software & Mounting Updates (2023)
The ECU Firmware Flash: In mid-2023 (roughly July/August), Morgan introduced a critical ECU software update to dealer service networks and production. The Purpose: The CX platform's BMW-sourced engines use an ECU-controlled map to open and close the cooling thermostat. The original mapping created extreme "thermal shock"—rapidly dumping cold water into a hot engine block or vice versa—which cracked the radiator seams. The 2023 flash smoothing out thermostat response.
Revised Mounting System:
By September 2023, a newly engineered rubber mounting isolation system was also integrated into assembly to minimize chassis vibrations from cracking the radiator tanks.
Summary of what this may means when viewing a potential CX. purchase if still original factory delivered speciifcation. Especially when looking at low mileage cars or cars with patchy service history especially if not factory or official dealer service history
Built upto 2020: Missing all factory updates; highly susceptible to failure unless retrofitted by a dealer or specialist.
Built 2021–Early 2023: Equipped with the physical swirl pot from the factory, but likely requires the 2023 ECU thermostat update to protect the radiator.
Built Late 2023 onwards: Features the comprehensive suite of swirl pot, updated mounting geometry, and the revised ECU software mapping out of the box.
AI Overview
Yes, Morgan Motor Company (MMC) can still be held legally responsible for failing water radiators even if the vehicle is outside its standard warranty period. Under UK consumer law, manufacturer warranties sit alongside your statutory rights, and if a component suffers from an inherent, widespread manufacturing defect—often referred to as a "latent defect"—the legal responsibility does not automatically end when the warranty expires.
The Morgan "Plus Four" and "Plus Six" models built on the CX-generation aluminum platform have a well-documented history of recurring radiator failures. Many owners have reported experiencing multiple radiator leaks, cracking, and sequential replacements on the exact same vehicle.Your Statutory Rights Under UK LawIf your vehicle is outside its warranty, you should bypass the warranty terms and rely directly on your statutory consumer rights. The Consumer Rights Act 2015:
This law dictates that any goods you purchase must be of satisfactory quality, fit for purpose, and as described. A radiator that repeatedly fails, cracks, or leaks due to poor component design or high stress on the fittings does not meet the standard of "satisfactory quality"
.The Six-Year Limitation Rule:
In England and Wales, you have up to six years from the date of purchase (five years from discovery in Scotland) to bring a legal claim against a retailer for faulty goods. Because Morgan is both the manufacturer and often the direct retailer, this timeline applies directly to them.
The Burden of Proof:
Because you are past the first six months of ownership, the legal onus is on you to prove that the fault was inherent (i.e., a design/manufacturing flaw present from day one) rather than normal wear-and-tear.
Why You Have a Strong Legal PositionProving a latent defect is usually difficult, but the well-documented history of Morgan's CX-platform radiator issues changes the dynamic entirely:** Widespread Precedent**: The frequent failure of these water radiators across the entire platform serves as strong evidence that the part suffers from a latent design defect, rather than owner negligence.
Corporate Acknowledgment:
Morgan has previously issued strategic reporting and corrective software updates to manage platform cooling pressures, acknowledging underlying systemic complications.
Ineffective Repairs:
If Morgan previously replaced your radiator under warranty and the replacement part also failed outside the warranty, the original defect was never successfully cured, meaning your consumer rights claim remains active.
Step-by-Step Action Plan1.
1. Gather Your EvidenceCollect dates and invoices for every single radiator failure or leak your car has suffered.
Print out forum threads and owner registry logs from spaces like the Talk Morgan Forum to visually and textually demonstrate that this is a known, systemic fault.
2. Submit a Formal ComplaintContact Morgan (or the dealership where you purchased the vehicle) in writing.
Explicitly state that you are making a claim under the Consumer Rights Act 2015 for a latent defect, noting that the component is not of "satisfactory quality".Request that they cover the full cost of the replacement part and the associated labor.
3. Escalation Route
If Morgan refuses, issue a formal Letter Before Action, giving them a final 14 days to resolve the issue.If they still fail to comply, you can escalate the matter to the Small Claims Court (for disputes under £10,000). Given the clear historical context of the CX-generation radiator flaws, an independent arbitrator or judge is highly likely to view the component as inherently defective.
If you start an AI investigation into the consumer rights re your Morgan CX radiator issues stating the date of purchse, number and frequency of radiator fails, it will (subject to verification) identify a step by step map of how to deal with the issues etc...at each stage you can delve deeper into specifics as appropriate.to what courses of action are open to you.
The average cost to issue a court claim under consumer protection laws for a failed Morgan radiator typically ranges between £115 and £455 for the upfront filing fee, though the exact cost is scaled directly to the financial amount you are claiming from the dealer or manufacturer.
Last edited by JohnHarris; 07/08/26 12:03 PM.
22 Plus Four KIMI 12 Plus 4 Sport OZZY 08 Roadster FELIX 06 4/4 70th LOKI 77 4/4 SEAMUS 85 4/4 MOLLY
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Joined: Jan 2007
Posts: 2,432 Likes: 66
Talk Morgan Expert
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Talk Morgan Expert
Joined: Jan 2007
Posts: 2,432 Likes: 66 |
Blimey chapter and verse John fair play. I would like to think that it would never come to that a quick phone call to the factory first but you never know if the goal posts have really moved. Morgan never make it easy on themselves do they another can of worms opens up once again. Admit your mistakes, design flaw whatever and fix the problem. Whenever you meet a plus6 owner the discussion quickly turns to how many rads you had and thats a bit sad to be honest.
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Joined: Aug 2021
Posts: 564 Likes: 79
Talk Morgan Regular
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Talk Morgan Regular
Joined: Aug 2021
Posts: 564 Likes: 79 |
It might be worth reminding ourselves and identify the production time line to the various changes Morgan introduced in repponse to the radiator failures
Because the cooling failures on the CX-generation Plus Four and Plus Six models were caused by a combination of physical design and electronic software, the factory response was introduced in phased intervals:
1. Hardware Production Update (2021)
The Swirl Pot & Revised Radiator: Morgan incorporated the coolant swirl pot, an altered expansion setup, and a revised radiator design into standard assembly line production during 2021. This physical hardware change was meant to reduce aeration and cavitation in the cooling tract.
2. Software & Mounting Updates (2023)
The ECU Firmware Flash: In mid-2023 (roughly July/August), Morgan introduced a critical ECU software update to dealer service networks and production. The Purpose: The CX platform's BMW-sourced engines use an ECU-controlled map to open and close the cooling thermostat. The original mapping created extreme "thermal shock"—rapidly dumping cold water into a hot engine block or vice versa—which cracked the radiator seams. The 2023 flash smoothing out thermostat response.
Revised Mounting System:
By September 2023, a newly engineered rubber mounting isolation system was also integrated into assembly to minimize chassis vibrations from cracking the radiator tanks.
Summary of what this may means when viewing a potential CX. purchase if still original factory delivered speciifcation. Especially when looking at low mileage cars or cars with patchy service history especially if not factory or official dealer service history
Built upto 2020: Missing all factory updates; highly susceptible to failure unless retrofitted by a dealer or specialist.
Built 2021–Early 2023: Equipped with the physical swirl pot from the factory, but likely requires the 2023 ECU thermostat update to protect the radiator.
Built Late 2023 onwards: Features the comprehensive suite of swirl pot, updated mounting geometry, and the revised ECU software mapping out of the box.
AI Overview
Yes, Morgan Motor Company (MMC) can still be held legally responsible for failing water radiators even if the vehicle is outside its standard warranty period. Under UK consumer law, manufacturer warranties sit alongside your statutory rights, and if a component suffers from an inherent, widespread manufacturing defect—often referred to as a "latent defect"—the legal responsibility does not automatically end when the warranty expires.
The Morgan "Plus Four" and "Plus Six" models built on the CX-generation aluminum platform have a well-documented history of recurring radiator failures. Many owners have reported experiencing multiple radiator leaks, cracking, and sequential replacements on the exact same vehicle.Your Statutory Rights Under UK LawIf your vehicle is outside its warranty, you should bypass the warranty terms and rely directly on your statutory consumer rights. The Consumer Rights Act 2015:
This law dictates that any goods you purchase must be of satisfactory quality, fit for purpose, and as described. A radiator that repeatedly fails, cracks, or leaks due to poor component design or high stress on the fittings does not meet the standard of "satisfactory quality"
.The Six-Year Limitation Rule:
In England and Wales, you have up to six years from the date of purchase (five years from discovery in Scotland) to bring a legal claim against a retailer for faulty goods. Because Morgan is both the manufacturer and often the direct retailer, this timeline applies directly to them.
The Burden of Proof:
Because you are past the first six months of ownership, the legal onus is on you to prove that the fault was inherent (i.e., a design/manufacturing flaw present from day one) rather than normal wear-and-tear.
Why You Have a Strong Legal PositionProving a latent defect is usually difficult, but the well-documented history of Morgan's CX-platform radiator issues changes the dynamic entirely:** Widespread Precedent**: The frequent failure of these water radiators across the entire platform serves as strong evidence that the part suffers from a latent design defect, rather than owner negligence.
Corporate Acknowledgment:
Morgan has previously issued strategic reporting and corrective software updates to manage platform cooling pressures, acknowledging underlying systemic complications.
Ineffective Repairs:
If Morgan previously replaced your radiator under warranty and the replacement part also failed outside the warranty, the original defect was never successfully cured, meaning your consumer rights claim remains active.
Step-by-Step Action Plan1.
1. Gather Your EvidenceCollect dates and invoices for every single radiator failure or leak your car has suffered.
Print out forum threads and owner registry logs from spaces like the Talk Morgan Forum to visually and textually demonstrate that this is a known, systemic fault.
2. Submit a Formal ComplaintContact Morgan (or the dealership where you purchased the vehicle) in writing.
Explicitly state that you are making a claim under the Consumer Rights Act 2015 for a latent defect, noting that the component is not of "satisfactory quality".Request that they cover the full cost of the replacement part and the associated labor.
3. Escalation Route
If Morgan refuses, issue a formal Letter Before Action, giving them a final 14 days to resolve the issue.If they still fail to comply, you can escalate the matter to the Small Claims Court (for disputes under £10,000). Given the clear historical context of the CX-generation radiator flaws, an independent arbitrator or judge is highly likely to view the component as inherently defective.
If you start an AI investigation into the consumer rights re your Morgan CX radiator issues stating the date of purchse, number and frequency of radiator fails, it will (subject to verification) identify a step by step map of how to deal with the issues etc...at each stage you can delve deeper into specifics as appropriate.to what courses of action are open to you.
The average cost to issue a court claim under consumer protection laws for a failed Morgan radiator typically ranges between £115 and £455 for the upfront filing fee, though the exact cost is scaled directly to the financial amount you are claiming from the dealer or manufacturer. So... does the six year rule apply from date of manufacturer of the vehicle or does it apply on a rolling basis on each radiator fitted and failed. If the six year rule is per vehicle manufacturer date, then the first CX Plus Six are already out of this date...??
Dave Plus Six "Squeak" Roadster departed. 1936 BSA Empire Star Q8. 1935 BSA W7-35. 1938 BSA M20
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Joined: May 2016
Posts: 194 Likes: 5
L - Learner Plates On
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L - Learner Plates On
Joined: May 2016
Posts: 194 Likes: 5 |
A quick thought springs to mind, going by the number of rads that have failed ( and that is quite a few ) did this fault not show up in the "R&D" stages of the plus 6 development?
Surely a new model would have been put through it's paces before it was released for general sales.
Or am I being silly here?
Why is there only one monopolies commission??
Rob B.
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Joined: Aug 2020
Posts: 3,846 Likes: 398
Talk Morgan Addict
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Talk Morgan Addict
Joined: Aug 2020
Posts: 3,846 Likes: 398 |
Dave,
Just do a google search along the lines of '' Morgan CX Plus six purchased new/used date in 2019 from dealer X, had 5 replacement radiators on list dates ,last rad just failed ( list who fitted the radiators) what are my legal options and recourse under warranty and Consumer Rights Act.''
You will then get an AI response , which will allow you to add supplementary questions. Obviously AI is fallable but will start to inform your options and you could ask how to frame a letter to dealer/Morgan and likely cost of legal action...how to value your claim...it will continue to drive down as appropiate and even recommend local solictors and likely costs and how to prepare a court claim yourself. JUst keep the same thread open and type supplementary questions in the box that will appear near the end of each AI section response.
GIve as much information about date of registration, date you acquired it, date of radiator warranty work so it can calculate the 6 year limit as appropriate.
Last edited by JohnHarris; 07/08/26 01:49 PM.
22 Plus Four KIMI 12 Plus 4 Sport OZZY 08 Roadster FELIX 06 4/4 70th LOKI 77 4/4 SEAMUS 85 4/4 MOLLY
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Joined: Aug 2020
Posts: 3,846 Likes: 398
Talk Morgan Addict
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Talk Morgan Addict
Joined: Aug 2020
Posts: 3,846 Likes: 398 |
Blimey chapter and verse John fair play. I would like to think that it would never come to that a quick phone call to the factory first but you never know if the goal posts have really moved. Morgan never make it easy on themselves do they another can of worms opens up once again. Admit your mistakes, design flaw whatever and fix the problem. Whenever you meet a plus6 owner the discussion quickly turns to how many rads you had and thats a bit sad to be honest. I agree one would hope that a call and discusion with the factory would be sufficient. But it's best to understand your legal position, so if outstide any legal recourse time limits, one can focus as appropriate on any good will gesture made.
Last edited by JohnHarris; 07/08/26 02:18 PM.
22 Plus Four KIMI 12 Plus 4 Sport OZZY 08 Roadster FELIX 06 4/4 70th LOKI 77 4/4 SEAMUS 85 4/4 MOLLY
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Joined: Aug 2021
Posts: 564 Likes: 79
Talk Morgan Regular
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Talk Morgan Regular
Joined: Aug 2021
Posts: 564 Likes: 79 |
The factory is picking up the tab for our 5th radiator, that part seems honourable, where I am very unhappy is the 12 month guarantee on the 5th radiator, all previous radiators have had a 24 month guarantee. The MMC knows all our radiators have failed just over 12 months and before 24 months. So it feels like a stitch up.
On receiving written confirmation of the limited 12 month radiator guarantee I asked a written question on return what radiator warranty was being applied to new build vehicle's ( with the new type radiator ) and recieved no answer, communication to this point had been good. Now it has stopped. Guess I will have to draft a letter to the MD and see if I recieve an answer. As I have stated previously, it makes me sad, as upto this time in our Plus Six ownership I considered the factory had always come though in the end and did the right thing fixing design or build failures.
This situation does no good for Morgans reputation and it certainly impacts our thought's regarding another MMC vehicle purchase.
Dave Plus Six "Squeak" Roadster departed. 1936 BSA Empire Star Q8. 1935 BSA W7-35. 1938 BSA M20
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