Help Car Warranty Advice

Lonegunmen

I bought a car from a local dealer less than 3 months ago. it came with a dealer warranty. The car has recently suffered a possible clutch failure. When I discussed this with the dealer they informed me clutch was fair wear and tear and not covered, and refused to look at the car.(The failure diagnosis was made by a AA engineer at the roadside, by the sniff test). I was informed that my mechanic could look at the car and if it was a warranty covered item they would pay for the repairs. I have asked for a full exclusion list and been given a new copy of the warranty form which mearly states items not covered "general wear and tear" I.e bulbs,tyres/tracking batteries,alarm,audio equipment, Exhaust system, Clutches, Etc. When I asked for a more comprehensive list i was told that was all i could have they would decide if the fault was wear and tear and let me know. I thought all warranties must have a full exclusion list can anyone advise?

Also when i bought the car my service booklet was stamped by the dealer. It has s ince come to light all they did was an oil and filter change is this legal.

Cheers

vax2002

Car warranties are insurance policies .
Insurance is the oldest scam in the world.

bris

Lonegunmen wrote: »

Also when i bought the car my service booklet was stamped by the dealer. It has s ince come to light all they did was an oil and filter change is this legal.

Cheers

This is a service, they would also have done a visual inspection on other parts, but most of the time only the oil a filters get changed.

Fair wear and tear is never included in a warranty. There are a couple of factors that can affect a clutch, first would be the age of the car but most impottantly is how the last driver used it. Some drivers are very heavy on clutches and use them when they shouldn't, dragging the clutch is the biggest reason a clutch will prematurely burn out.

Being less than three months since you had it, you may be able to convince a small claims court the clutch was already beyond it's acceptable wear level for a new (to you) car and that the dealer had a duty to sell you a problem free car.
Other factors the court would consider are the age and mileage of the car, a nearly new car would have a better chance than say a six year old one.
Even the SOGA allows for wear and tear so you wouldn't win with that alone, you need to push the point you have only had the car less than three months.

Lonegunmen

surely there should be a full exclusion list though for a warranty rather than the words "etc" doesn't that leave it open for the dealer to just say anything he wants is fair wear and tear

bod1467

I had a warranty on my previous car. The clutch failed on it - the "pressure" mechanism failed such that friction plates weren't binding properly. The warranty covered the cost of the clutch mechanism itself but not the friction plates. In the end I was invoiced 50% of the cost as the mechanism and the plates needed replaced (even though the plates were worn beyond use because the mechanism failed).

This is a rambling way of saying - clutches CAN be included in a warranty, but not the wear-and-tear elements.

Lonegunmen

Do I have any legal riights under consumer act at all ?. I have been quoted 1.200 for the clutch and flywheel and a further 140 for a proper service since that also still needs doing. Doesn't seem fair 3 months after I bought the car

jay71

i have just had a clutch problem with my used car , i only picked it up 5 days ago , and ive not even drove it 100miles , im waiting to hear back from my local consumer advice service .