Just checking my warranty rights?

Hi guys,
I bought a secondhand car with three months warranty 3 weeks ago. Now it won’t go into second gear keeps popping out. When I test drove it it was Ok but hard to get into second gear. The dealer offered me a good price if I had an exception to the warranty for the clutch so I didn’t mind fitting a new clutch if it went wrong 6 months down the line. When I went to pick up the car the dealer said his garage had checked over the clutch and found no fault. The price was the same and he didn’t add an exception to the warranty. 2 weeks later and I can’t get the car into second gear it keeps popping out. I called the dealer and the guy became angry saying we had a verbal agreement but this isn’t a clutch issue I told him it seems to be sensors. The dealer said he would call me back but never did so I called again the next day and spoke to another guy who booked in the repairs. He then called back within 20 mins to say he was told to cancel and they won’t be repairing the car. If I go to another garage to get the work done and find out the real reason, will this mean I have broken the terms of my warranty and can’t get a full refund if I went down the small claims route? Any advice would be useful?

Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    First Anniversary Name Dropper First Post
    Reject the car and get your money back.
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    First Anniversary First Post
    foxy-stoat wrote: »
    Reject the car and get your money back.

    This, A faulty clutch would stop it going into any gear not just second. Jumping out of gear (I bet it's on the over-run) is most definitely a gearbox fault.
  • motorguy
    motorguy Posts: 22,473 Forumite
    Name Dropper First Anniversary First Post
    This, A faulty clutch would stop it going into any gear not just second. Jumping out of gear (I bet it's on the over-run) is most definitely a gearbox fault.

    +1

    Jumping out of gear is a gearbox fault not a clutch fault.

    The seller seems to have been VERY insistent that the clutch wasnt covered by warranty, which makes me think they knew there was a problem and thought it was the clutch.

    I would say reject the car as it has a major fault - but i think the seller is likely to not agree to that and then it gets messy.

    I'd probably consider some sort of letter before action saying that you believe the car to have a gearbox fault offering the seller either option of a full refund or fixing it to your satisfaction within 14 days you will have it repaired independently and recover the costs through court action.
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