Faulty used car

destype

Hi, I bought a used car from a Suzuki dealer in March 2023 and took out 2 years finance. After 6 months the clutch went and I had to replace it for £700 with a different Suzuki dealer. It wasn’t covered in the 1 year warranty so I had to pay. Gear changing is still not smooth and I asked my local garage to check it while doing my MOT and there were a number of faults in the installation of the new clutch including a broken bracket which I was told if it completely breaks it will be undriveable. 

I’m taking it back to the garage and expect them to fix it free of charge but what I want to know is who can I complain to? Customer services seem to only be there to protect Suzuki. I am astounded by how little they care. I can’t seem to get further than them. I’ve complained to the motor ombudsman but reading their reviews they are a waste of time. What else can I do? Thanks. 

lisyloo

So what you're complaining about is the work by the different suzuki dealer not a faulty used car (which could just have suffered wear & tear)?

Your first step is to complain to the manager of the garage who did the faulty work.

What else you can do is a letter before action i.e. small claims court, but really you'd need a report from the local garage which I'd expect you have to pay for and not anecdotals from the local garage as there's room for misinterpretation or difference of opinion.

destype

@lisyloo Thanks for the advice. I’m going to insist on speaking to the manager tomorrow. 

I’ve owned 5 cars and driven for 30 years and have never replaced the clutch. I also don’t commute to work and work from home so I don’t drive a lot. The guy at the garage said to me I’ve done 500 miles since September so I’ve burned the clutch (I haven’t). I spoke to my Toyota mechanic neighbour and he said that it can take 500 miles to bed in a new clutch. 

Does anyone have an email address to get further up the chain of customer service who are the worst I’ve ever had to deal with. 

If they charge me for replacing the clutch again I will most certainly take them to court. 

I would like to get my money back for the car. My warranty runs out next month but I don’t think they will give it back. But despite me being a very experienced driver I do think they are treating me badly because I’m a woman. 

lisyloo

You should certainly speak to the manager (of the garage that installed the new clutch). 

I don't get your position though.
You still seem to be taking the view that the car is faulty, whereas from what you've said it had a clutch at the end of it's life and was replaced badly by a different garage.
The onus will be on you to prove the car is faulty (as opposed to just worn clutch) because of the time period and so far you haven't said anything to indicate the car was faulty.
Just because you've never worn out a clutch doesn't mean this car didn't have one. It's a consumable part and if you buy a used car you might have to replace any of the consumables - tyres, battery, exhaust, clutch etc.

From what you've said (and that's all I have to go on) there is no indication this car is faulty.
What you said above is "there were a number of faults in the installation of the new clutch" and that matter falls to a different garage.
You need to speak to the manager of the garage that installed the new clutch and get them to put it right.

destype

@lisyloo I think my position is that they knew it was a clutch at the end of its life and they sold it to me without replacing it. I found out from the v5 that it had 5 previous owners (Suzuki didn’t tell me when I was buying it and I forgot to ask) and it’s a 2017 plate so averages to one owner a year. It’s clear there is something wrong with it. 

Ayr_Rage

Clutches are wear and tear items so the exclusion from the warranty is correct as you used it for 6 months without issue.

What are number of faults identified by the the third (MOT) garage ?

You need to get those documented in writing and then take that up with the garage that fitted the clutch, however proving how the bracket was broken may be an issue.

chrisw

destype said:

@lisyloo I think my position is that they knew it was a clutch at the end of its life and they sold it to me without replacing it. I found out from the v5 that it had 5 previous owners (Suzuki didn’t tell me when I was buying it and I forgot to ask) and it’s a 2017 plate so averages to one owner a year. It’s clear there is something wrong with it. 

It's perfectly possible they weren't aware that the clutch was at the end of its life. You drove it for 6 months, presumably without issue until then. Sometimes a higher biting point can be a clue but that can also be down to adjustment. For all the dealer knows, one of the previous owners may have changed the clutch.

Your real grievance is against the garage who you paid to replace the clutch.

lisyloo

destype said:

@lisyloo I think my position is that they knew it was a clutch at the end of its life and they sold it to me without replacing it. I found out from the v5 that it had 5 previous owners (Suzuki didn’t tell me when I was buying it and I forgot to ask) and it’s a 2017 plate so averages to one owner a year. It’s clear there is something wrong with it. 

It's normal to sell cars with part worn consumables e.g. tyres, battery, brake pads etc.
It's not a "fault" to sell something that is part used.
You bought a used car, with hundreds of used components in various states of wear & tear.

What we know (and I'm going on what you said your local garage said) is that the installation of the new clutch was faulty.

You will have to make your arguments clear to a judge to win a case.

So please
what evidence do you have the car was faulty in March 2023 (as opposed to the installation of the new clutch)

Did they provide an inspection sheet with the car? did that say anything about the clutch?
Did you get your own inspection done before your bought it?  did that say anything about the clutch?

A year is a long time to leave it if the car was faulty at purchase and that means that you have lost rights and now the onus is on you to prove the car was faulty.

swingaloo

destype said:

@lisyloo I think my position is that they knew it was a clutch at the end of its life and they sold it to me without replacing it. I found out from the v5 that it had 5 previous owners (Suzuki didn’t tell me when I was buying it and I forgot to ask) and it’s a 2017 plate so averages to one owner a year. It’s clear there is something wrong with it.  

Whilst I sympathise with your situation using a statement 'they knew it was a clutch at the end of its life and they sold it to me without replacing it' does not hold any water and certainly would not be a reason for them to refund you now. 

If the clutch was at the end of it's life then you would probably have noticed that within a few miles of first driving the car.
 Nor does the fact that it had 5 owners in as many years prove there was something wrong with the car although it would concern me and put me off buying.  I know you say you forgot to ask about previous owners but did you not look at the V5 before buying?

Statements like 'It's clear there is something wrong with the car' are far to vague to take court action. As others have said your complaint is with the garage who replaced the clutch and you need to speak to them but need facts to argue your case with them rather than emotion.

You have no case against the seller of the car. 

destype

@swingaloo I won’t be taking action against the garage who sold it to me. It would be the garage who replaced the clutch. I didn’t look at the v5 when buying it. It wasn’t shown to me and I bought the car the same day I saw it. Obviously hindsight is a wonderful thing but you do put more trust in dealerships than in private sellers. I have definitely learned a lesson. 

I want to complain further up the chain about the current garage but I seem to have hit a brick wall. They won’t let me past their awful customer service department. 

destype

@swingaloo I have a report from the garage I took my car for its MOT and he showed me everything that was wrong and I took pictures and a video. There are 4 faults with the installation. I’ve been told by my mechanic neighbour that the bracket can only be broken during installation. I wouldn’t be able to break it.