PLEASE HELP - Dealer dispute over returning car not fit for purpose

helentom28

Hi

We bought a used car with our life savings from a reputable dealership this Wednesday. During the test drive my husband noticed a slight judder when in first gear and reverse, but this was put down to the car not being driven for a while.

After getting the car home the judder is still apparent, and after taking it to a local garage for a basic assessment (no parts removed, but car driven and judder noticed), it suggests early stages of a Dual Mass Flywheel and/or clutch problem which could fail as soon as tomorrow, or run for as long as 12 months. As a family car, this is obviously not good enough, and therefore I would class the car as 'unfit for purpose'. It has only been driven home from the garage we bought from, and to another local garage, so roughly 130 miles and we have stopped using completely.

My husband has just spoken to the dealer over the phone, and as well as denying the car had this problem when we bought it has also said his engineer gave the car the go ahead for sale with no problems. He said he can get his engineer to look again, but in the likely event that once again the problem will be dismissed - where do we stand?

In legal terms, does the car need to have a evident fault eg. the clutch or flywheel completely failing? Or is the judder itself enough to warrant us refusing the car and claiming a full repair or refund? We have in writing from our local garage that the judder indicates problems with the flywheel/clutch.

We have had it confirmed that warranty won't cover the issue at it is, only if they completely fail within the 3 month period. Our concern is that if we continue to use the car and it fails outside of this period we are going to be landed with a hefty bill we can't afford, as well as the obvious safety and inconvenience issues it would cause to our family.

I would REALLY appreciate any advice and help on this matter. The dealer is a very smooth talker, and we are fairly inexperienced with cars and the legalities around sales etc so want to be clear on our rights before making the next call.

Thanks in advance

Helen

atrixblue.-MFR-.

You need to speak with the dealer again and state eventhough it was checked prior to sale, it has the symptoms of clutch/DMF failure that would have been evidencently noticeable prior to sale, and was mentioned on the test drive but was assured was lack of use.


don't do over the phone its better to go in a talk it out infront of other potential buyers, who maybe put off by their attitude if they start getting ratty.

harveybobbles

If the fault was there at the time of test drive then I'd be wanting it putting right.

The other garage is correct in that it could last until next week or you could make it last 12 months.

gilbert_and_sullivan

First of all its obviously not a reputable dealership, they are denying a problem exists that was mentioned on test drive, and subsequently dismissed with some tosh about the car being stood.

To be honest i'd have walked away at that point.

You have to give the seller the chance to put the car right, and i'd be reluctant to mention that another garage has looked at the car as you are giving them the chance to claim the other garage has interfered with the vehicle...they have already proved themselves dishonourable by denying the problem existed when it has already been discussed before purchase, so assume they are wide boy spivs till they prove otherwise.

This discussion as said is pointless over the phone, either confront them on a busy day, or by letter/email which they can't deny or twist.

The warranty is irrelevant, they are obliged to make the car serviceable.

I'd ignore the sales bod if thats who you are in discussion with and go straight for the dealer principal.

arcon5

The clutch or DMF hasn't failed though - i'm not sure this would class it as not fit for purpose. Especially if your independent assessor says it could even go on to last. Unless of course the slight judder is in fact not so slight but could reasonably deem to clutch/DMF to be faulty - which seems far from being the case if the judder was there when you test drove it but still went ahead with the purchase, likely deeming it a characteristic of the car.

Nodding_Donkey

gilbert_and_sullivan wrote: »

assume they are wide boy spivs till they prove otherwise.

Good advice when dealing with any car dealer.

OP don't let them fob you off. the whole point of a DMF is to eliminate shudder, if it's not doing that it is faulty.

helentom28

The thing is the judder is only apparent when moving off in first and reversing. During the test drive as the judder only happened once when driving off it wasn't enough to be flagged as a major issue at the time. Has only really become apparent since getting home and realising it happens every time.

What we really need to be clear on- is clutch judder enough on it's own to be classed as unfit for purpose? Surely as it indicates a problem of some kind we could say so?

helentom28

Another factor is the garage is 90 min drive away so can't just pop in any time, husband works same hours as the garage open. He is aiming to go in Wed or Thurs if he can get an early finish but not ideal.

deanos

it wants sorting, a dmf/clutch problem could be £900 to fix depending on the make of car

Nodding_Donkey

I don't see it as being unfit for purpose, but it does need repairing and the stealer is obliged by law to fix it. Forget the warranty though, that will be more restrictive than your rights under SOGA.

colino

Book it in to the selling garage for their inspection, specifying the fault you have had with the car. No arguments or raised blood pressure.


It would have been handy to know the details of the car, just in case it is a known fault or characteristic, but then again, I'd love to know why people test drive cars at all. Your husband drove it, found fault with it then still bought it.


Please ignore the BS about the seller having to fix it. After inspection he can agree with you but offer a repair, replacement or refund.