Evans Halshaw 3 Year Warranty & Clutch Problem

Morning All,

I have a bit of an issue with Evans Halshaw, the car is a Vauxhall Astra 2013 with 34k on the clocks. I purchased the car at 28,500 miles in March so it has done less than 6000 miles since bought and is just within 6 months of purchase and it also has a 3 year paid warranty.

The problem is 1st gear and reverse gear are extremely difficult to engage (I'm a strong lad and I struggle without it feeling like going to snap gear stick), so I reported the issue at the end of July with the only available appointment been the 19th August.

Evans Halshaw rang me late on the 19th saying car is not ready for pick up as they believe the gearing issue is due to the clutch been faulty, fair enough Mr. Dealership can you please sort it. Short answer is 'No'. They are insisting that I pay £300 for the gearbox and clutch to be removed for inspection by their technicians. I don't feel like I should have to pay for this doing for a couple of reasons.

1. Purchased less than 6 months ago and has only done 6000 miles.
2. I paid over £400 for a 3 year warranty on the vehicle.

Does anyone think I am in the wrong by sticking to my guns and saying I shouldn't have to pay for this work doing as a clutch does not go within 6000 miles and must have been an underlying issue when I purchased the car.

If anyone could give any advice that would be greatly appreciated as I am tempted to try say to them keep the car and give me my money back.

Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You won't get a refund at this stage!

    But no I wouldn't accept that.

    If they want to try prove its down to misuse I'd be telling them to do that at the own cost

    But then again what does the warranty say about the clutch components?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Tell them you're not asking for a warranty claim, you're invoking your rights under the Consumer Rights Act 2015. As it is within 6 months from purchase then any fault is deemed inherent and it is for the seller to prove otherwise. (Them simply saying so is not proof).

    Therefore you require a repair, replacement or refund for the faulty goods ... you will allow them one repair attempt per the Act and if they fail then you require a replacement or full refund (basically their choice).

    Gear shift struggling with only 1st and reverse is not sign of a clutch problem ... a clutch problem would affect ALL gears (per my logical brain).
  • Thanks for the replies.

    The clutch is covered by the warranty, however the initial work to inspect the clutch before replacement isn't, and I can't see how that is my problem. I've mentioned the fact about a clutch causing multiple gear issues but their reply is "Are you a mechanic? No".

    This branch of Evans Halshaw seem amateurish to me, since purchase its had multiple niggles and starting to think bought a shed of a car (vanity mirror was smashed on delivery, took them 3 weeks to book it in and repair, and then the valve timing chain was worn and noisy which they did replace).

    I'll mention the consumer rights act as well, I'm just expecting the worst with them.
  • Le_Kirk
    Le_Kirk Posts: 24,289 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'll mention the consumer rights act as well, I'm just expecting the worst with them.
    Don't mention it "as well" that is, as DoaM says, your starting point, your main stance and your only chance of having it repaired FOC.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    edited 22 August 2016 at 10:59PM
    The issue is more likely to be the gearstick, there is a stopper that prevent the gearstick going too far over and which guides it into 1st gear, this stopper can wear or break, causing the gearstick to push too far over and stopping it going into gear.
    It happened on my Vectra and I learn't how to get around it, but most other people who drove it couldn't get it into 1st. You have to push it left toward 1st, up and then right slightly, this requires no force at all, the more you force it, the harder it'll be to change gear.

    It is a fault, but it's caused by how you treat the gears.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Given the length of time OP has had the vehicle I'd be surprised if it was OP that caused this fault ... perhaps the fault was pre-existing and deteriorated during OP's ownership?
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