Used car bought from main dealer 7 weeks ago needs a new clutch

LennyB

A bit of background - I had a car that was written off in an accident. I replaced it with the same vehicle (same engine, slightly newer, small difference to the vehicle spec) but because I wanted to buy from a main dealer to get peace of mind etc and I needed the vehicle quickly, I had to travel outside my local area to get the car I wanted. I had reservations about this but when I asked what would happen if any repairs are needed I was told that the car still had over 2 years manufacturers warranty and any problems could be looked at under this warranty by my local dealership.

I drove the car for a couple of weeks and had a problem with changing gear - it is sometimes difficult to change from 3rd to 4th and doesn't always feel like the gear has engaged properly and it has popped out of gear a couple of times, also going from 3rd to 2nd it is sometimes difficult to locate 2nd. Changing gear seems stiff. At first I thought it was me getting used to a new car but I booked it into my local dealer to be looked at under warranty and have been advised that the clutch biting point is high indicating that the clutch is worn and they are recommending replacement at a cost of £1100. A new clutch is not covered under the manufacturers warranty.

I have gone back to the dealer I bought it from to ask what they are going to do about it but I am having difficulty in getting anyone to phone me back despite leaving several messages and emailing them. Realistically, what can I expect them to do? The car definitely had the problems from the beginning of my ownership but it has taken a while to get them diagnosed so I have now owned the car for 7-8 weeks.

Any advice would be much appreciated.

WellKnownSid

Make, model, miles?
Did you buy from a franchised dealer?
How many miles have you covered?
How many miles / time elapsed before the issue was first reported?

AdrianC

No warranty will cover wear - which this is.

However, assuming this is a normal retail sale for a main dealer, you should certainly be able to get them to accept that this is not a reasonable expectation in the circumstances, and that the advanced wear was present at sale - so it's part of their legal obligation under the Consumer Rights Act 2015 (assuming the sale was after 1st October). If it was before 1st October, then it's SOGA - but a very similar argument should still bear fruit.

burlington6

Just out of interest, what are the rules when buying far away from home. If a fault occurs do you have to return it to the dealer? Say after a couple of months.

AdrianC

burlington6 wrote: »

Just out of interest, what are the rules when buying far away from home. If a fault occurs do you have to return it to the dealer? Say after a couple of months.

Of course. It's your choice to buy from that dealer, in full knowledge of their location.

Hotspur

I agree with AdrianC that the retailer has a legal obligation under the Consumer Rights Act 2015 (purchase post October 2015) particularly if you reported the issue within a reasonable time after purchase.

The manufacturer's warranty has little bearing on the remedy at this time as your contract is with the retailer who sold the car and they shouldn't pass the buck onto the manufacturer.

The following is a useful guide.

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights

If you purchased the car from a franchised dealer then you could use the manufacturer's customer helpline to generate some pressure on the selling dealer however, the selling dealer is responsible for any remedy not the manufacturer.

arcon5

Does it grate when struggling to engage gear?


Just me or does ops symptoms scream box over clutch?

tight_scotsman

arcon5 wrote: »

Does it grate when struggling to engage gear?


Just me or does ops symptoms scream box over clutch?

possibly a worn gear linkage

captainawsome

If you want help from the selling dealer, even if they call it a 'goodwill gesture', you are probably going about it the wrong way with a 'what are you going to do about it?' Attitude. Work with them and you'll get better results

forgotmyname

Popping out of gear wont be the clutch.

lincroft1710

forgotmyname wrote: »

Popping out of gear wont be the clutch.

I had a 1964 Austin 1100 which was always jumping out of 4th (top) gear, definitely not a clutch problem.