Dealer refuse warranty claim

bennett20

i purchase a BMW in November 2016 with a 90 day warranty cover, January 2017 the car developed an issue, the car was juddering and rough in sound. The following day my garage identified a broken flywheel and clutch. a new clutch is required due to the flywheel being faulty. the car dealer have spoken to the garage and they delcined a warranty claim due to wear and tear of a clutch.but would offer £250 as a gesture of good will. I had to re-explain that the flywheel is broken causing juddering and the clutch is a tandem issue, you have to replace a clutch when you replace flywheel. the director is not returning my calls/emails and the staff are passing on messages but no response. what are my legal rights. At present im without a car due to being faulty and the garage want the car off the car park due to lack of space.

wgl2014

What is the cost of the flywheel? The warranty is unlikely to cover the clutch so if you can negotiate the goodwill up to this it may be your best bet.

DoaM

I would expect the flywheel to be covered, but not the items subject to wear and tear (e.g. clutch plates).

Whilst I appreciate that one has led to the other, getting a garage or warranty company to agree to this can be very difficult. (I had a similar issue several years ago with a C3. Something [I can't remember what] failed which meant the clutch plates weren't engaging properly, and this lead to the plates wearing. In the end the cost to resolve was split 50:50, where the 50% I paid was at cost not retail pricing).

bennett20

Flywheel - 425
clutch - 325
fitting - 250

AdrianC

Dual-mass flywheels fail through wear and tear. They are a (long-term) consumable, as the clutch is.

How old's the car, how many miles?

bennett20

BMW 120d 2008 62,000

AdrianC

bennett20 wrote: »

BMW 120d 2008 62,000

No great surprise, then, that a 9yo car has had a DMF failure knocked back under the wear exclusion. 60k is a bit low, but it's entirely driving-style related, so certainly not unfeasibly early.

motorguy

AdrianC wrote: »

No great surprise, then, that a 9yo car has had a DMF failure knocked back under the wear exclusion. 60k is a bit low, but it's entirely driving-style related, so certainly not unfeasibly early.

I fully agree FWIW

We're now in to February, so the O/P has driven the car for three months, pretty much proving the fault wouldnt have been there at the time of sale.

bennett20

I purchased the car late november 23/11/16

motorguy

bennett20 wrote: »

BMW 120d 2008 62,000

Irrespective of the outcome - once you get it back on the road change the oil and filter with a BMW approved oil every 9,000 miles and check the engine oil level WEEKLY and keep it topped up.

These engines are NOTORIOUS for timing chain tensioner failure, so keep the oil fresh and topped up to give the engine the best survival chances.

motorguy

bennett20 wrote: »

I purchased the car late november 23/11/16

The scenario still stands does it not - assuming there wasnt significant noise from the clutch / flywheel when you bought it, the fault wasnt present / presenting itself at the time of sale.