Warranty on work done prior to car purchase

RichardOnTheCut

Hi All

I'm looking for a bit of advice please about a car that we've owned for almost a year now. We bought the car, a 10 year old Citroen, from a local used car dealer. He wasn't the most organised guy but we got through the sale and also had some extra work done before purchase. The clutch assy was replaced by the seller though (by his local garage) as it apparently needed doing when he bought the car from the Citroen dealer. Unfortunately though, after only 7k miles,  the new clutch is now failing (almost certainly the release bearing).

I have contacted the garage that originally replaced the clutch (which has a great reputation) as I recently discovered that the dealer has gone out of business (ugh!) and allegedly they've been left with unpaid invoices from him. I'm currently waiting to hear back from the garage, who I phoned today, as they were looking for the paperwork. I do have the original receipt from the garage for the clutch replacement which I was careful to make sure that I had prior to paying the balance on the car. In all other respects the car has been great, I did a lot of work ensuring that. 

What I'd like to know, before getting into any negotiations with the garage is where I stand legally in this situation, as it's a bit outside of the norm. The original bill was more than £800 all in and although I hopefully won't need a whole new clutch the labour will still be a significant cost as the gearbox and clutch will need removing. 

Any advice welcomed. 

Regards
Richard

MEM62

I would say that you have no contract with the garage that fitted the clutch so they have no obligation to you. They may have had to the garage that sold you the car but, as their invoice was not paid, it is unlikely that they will do anything.  

Nobbie1967

I don’t think you have any legal standing to pursue a claim against the garage as the contract for the work was between the garage and the dealer, so the best you can hope for is some goodwill from the fitting garage, so keep it friendly.

RichardOnTheCut

Just to confirm, the invoice for this particular job was paid but (allegedly) later ones were not.

Ganga

The garage that fitted the clutch MIGHT say bad driving style ruined the clutch so nothing to do with them , after the time they fitted it till now i would say that you have no chance of any comeback even if all invoices were payed.

400ixl

Was the clutch release bearing replaced as part of the work that was done before? If it wasn't then you likely have no claim for anything. If it was, you may be able to use the part warranty as it is less than 12 months old as a leverage for something.

But seeing as you were not party to the contract originally you may not be able to claim for anything.

RichardOnTheCut

Many thanks for all your advice so far. We do actually have an aftermarket warranty but I knew it wouldn't pay out if there was any possibility of a faulty product claim, which would be the case here IF I had a contract with the garage, which I realise that I don't, of course. Hence I've approached the warranty company to see if I have an option there. I haven't heard back from the garage yet so I'll hold off on that until I hear about the warranty.

RichardOnTheCut

It turns out that clutch release bearings are not covered as they are considered a "... service or maintenance item..." by the Warranty Provider (surprise surprise) which is ridiculous as there is absolutely nothing you can do to service or maintain them! Hence, it would appear that I have no chance of claiming the costs back from that avenue, so it's back to the garage then.

Goudy

All the clutch parts are considered wearable parts and warranties just won't cover them.
With a new car you might be able to prove it was a faulty part but you'd have to spend out first to get at it and inspect it. 

What has happened is unfortunate but the cost will be down to you.

I would suggest you instruct the garage to fit a new three piece clutch of a reputable brand.
I would insist on a Lux clutch kit myself.
This will include a new thrust bearing, friction plate and pressure plate.

The labour to get at the thrust bearing makes it a no brainer to fit a new pressure and friction plate, even though they are only a year old it makes sense to replace the lot with a good brand.

RichardOnTheCut

Actually I may have another option which I stumbled across yesterday. We paid the deposit on a credit card so there may be the possibility of making a claim via section 75? I've never done that before but I see there's lots of good advice available here and elsewhere. Maybe I should start a new thread on the appropriate forum?

RichardOnTheCut

New thread started in Banking