How to actually get a dealer to repair a used car 2.5 months later?

CazGreg

I would really appreciate any help as this has come on top of a year of two bereavements and health problems. 

I bought a used car 2.5 months ago for £4k, unfortunately using a debit card. 

The clutch drum has broken inside, resulting in a repair that would be over £3k.

I have raised this with the dealer. Their “proof” that this was not already failing when they sold the car was a simple check list of tyres, gears, lights etc etc. 

How do I get them to do their ‘one chance at a repair’? 

Ayr_Rage

At that price I would guess the car is pretty old, so what is the make, model, age and mileage?

Does it have any service history?

Clutches are wear and tear items and it's perfectly possible to wreck one in a few months.

What exactly is a "clutch drum"?

I think you'll struggle to prove the fault was present on purchase as you do not say there were any obvious issues at the time of purchase.

visidigi

CazGreg said:

I would really appreciate any help as this has come on top of a year of two bereavements and health problems. 

I bought a used car 2.5 months ago for £4k, unfortunately using a debit card. 

The clutch drum has broken inside, resulting in a repair that would be over £3k.

I have raised this with the dealer. Their “proof” that this was not already failing when they sold the car was a simple check list of tyres, gears, lights etc etc. 

How do I get them to do their ‘one chance at a repair’? 

£4,000 car 2.5 months ago and the problem is a consumable part. I don't think you will get anywhere with this case unfortunately.

Shop around, £3,000+ repair seems very steep for a clutch drum equipped vehicle.

CazGreg

Ayr_Rage said:

At that price I would guess the car is pretty old, so what is the make, model, age and mileage?

Does it have any service history?

Clutches are wear and tear items and it's perfectly possible to wreck one in a few months.

What exactly is a "clutch drum"?

I think you'll struggle to prove the fault was present on purchase as you do not say there were any obvious issues at the time of purchase.

Under the Consumer Rights Act, within six months it is them who has to prove the fault wasn’t already present, right? The onus is on the car dealer. 

visidigi

CazGreg said:

Ayr_Rage said:

At that price I would guess the car is pretty old, so what is the make, model, age and mileage?

Does it have any service history?

Clutches are wear and tear items and it's perfectly possible to wreck one in a few months.

What exactly is a "clutch drum"?

I think you'll struggle to prove the fault was present on purchase as you do not say there were any obvious issues at the time of purchase.

Under the Consumer Rights Act, within six months it is them who has to prove the fault wasn’t already present, right? The onus is on the car dealer. 

Depends on the condition, wear and the statements made at the point of sale.

Can you answer the question: make, model, mileage?

the_lunatic_is_in_my_head

Goods must be of satisfactory quality, including durability, by the standards of a reasonable person  with consideration given to price.

Any claim within the first 6 months is taken unless it is demonstrated otherwise, no need for you prove it was there at the time of delivery (rather for the dealer to prove it wasn't).

Dealer must provide a repair (or replacement) within a reasonable time and without significant inconvenience, failure to do so results in final right to reject (with a deduction for actual use).

When rejecting you return the car at their expense (you do not need permission, that is the duty imposed upon yourself by the CRA unless the trader has offered to collect rejected goods), trader must then refund within 14 days of agreeing the refund is due (this is matter of fact) and must be without undue delay.

Failure for them to abide means letter before action and small claims to recover the money with consideration given to whether you will actually see the money, dealer who has been in business for 30 years is very unlikely to fold for 4 grand, some dodgy back street garage probably will.

I disagree with the above, you pay a premium to buy from a dealer over a private sale, I completely agree the driver may have damaged the clutch but CRA is clear, reverse burden of proof within first 6 months. 

visidigi

the_lunatic_is_in_my_head said:

Goods must be of satisfactory quality, including durability, by the standards of a reasonable person  with consideration given to price.

Any claim within the first 6 months is taken unless it is demonstrated otherwise, no need for you prove it was there at the time of delivery (rather for the dealer to prove it wasn't).

Dealer must provide a repair (or replacement) within a reasonable time and without significant inconvenience, failure to do so results in final right to reject (with a deduction for actual use).

When rejecting you return the car at their expense (you do not need permission, that is the duty imposed upon yourself by the CRA unless the trader has offered to collect rejected goods), trader must then refund within 14 days of agreeing the refund is due (this is matter of fact) and must be without undue delay.

Failure for them to abide means letter before action and small claims to recover the money with consideration given to whether you will actually see the money, dealer who has been in business for 30 years is very unlikely to fold for 4 grand, some dodgy back street garage probably will.

I disagree with the above, you pay a premium to buy from a dealer over a private sale, I completely agree the driver may have damaged the clutch but CRA is clear, reverse burden of proof within first 6 months. 

I don't disagree.....but...

The clutch is a consumable part - so the original advert description is fundamentally key to this applying - if the listing said 'new clutch fitted' then its clear case they need to fix. 

For all we know this could be the original clutch and its on 85K mileage...

Sure the rights say follow the process and LBA, but like you mention, especially in garages on smaller margins they will just flip and close. This is unlikely to be a big garage at £4k purchase.

Wonka_2

CazGreg said:

Ayr_Rage said:

At that price I would guess the car is pretty old, so what is the make, model, age and mileage?

Does it have any service history?

Clutches are wear and tear items and it's perfectly possible to wreck one in a few months.

What exactly is a "clutch drum"?

I think you'll struggle to prove the fault was present on purchase as you do not say there were any obvious issues at the time of purchase.

Under the Consumer Rights Act, within six months it is them who has to prove the fault wasn’t already present, right? The onus is on the car dealer. 

Within reason yes - but this is a consumable item on a cheaper/older car rather than a ‘fault’ 

the_lunatic_is_in_my_head

visidigi said:

I don't disagree.....but...

The clutch is a consumable part

Well on that basis most parts are, your axle, your exhaust, your engine, will all fail eventually. 

I do agree the clutch is more subjective due the ability for it be directly affected by the way the car is driven on a daily basis but I just can't see it's reasonable to pay 4 grand for a car and less than 3 months later need to pay out 3 grand in repairs (unless the car was 3 grand cheaper to begin with but then if the reason wasn't mentioned you are looking at misleading omissions). 

As you say, sadly the biggest problem OP likely faces is ever seeing the money, last time I purchased a second hand car (very long established place) they really wasn't keen on me putting £100 down on a credit card, baffled me as it's easier to go after the cc than the car dealer but (whilst noting hindsight is always 20/20) if a place takes debit cards, they must be able to take credit cards and putting that small amount down is best all round. 

eskbanker

the_lunatic_is_in_my_head said:

As you say, sadly the biggest problem OP likely faces is ever seeing the money, last time I purchased a second hand car (very long established place) they really wasn't keen on me putting £100 down on a credit card, baffled me as it's easier to go after the cc than the car dealer but (whilst noting hindsight is always 20/20) if a place takes debit cards, they must be able to take credit cards and putting that small amount down is best all round. 

Just because they could technically take credit card payments doesn't mean that they're obliged to and it's perfectly legitimate for them to choose not to, although, as you say, it's baffling when it actually gives the customer someone else to chase!

And, just to be clear, S75 protection is achieved by paying any amount, even a penny, on the purchase - it's the item value that needs to be over £100, not the amount paid on the credit card.  Not saying that you were implying otherwise, but many do believe that it's necessary to pay £100 by credit card to qualify....

born_again

the_lunatic_is_in_my_head said:

visidigi said:

I don't disagree.....but...

The clutch is a consumable part

Well on that basis most parts are, your axle, your exhaust, your engine, will all fail eventually. 

I do agree the clutch is more subjective due the ability for it be directly affected by the way the car is driven on a daily basis but I just can't see it's reasonable to pay 4 grand for a car and less than 3 months later need to pay out 3 grand in repairs (unless the car was 3 grand cheaper to begin with but then if the reason wasn't mentioned you are looking at misleading omissions). 

As you say, sadly the biggest problem OP likely faces is ever seeing the money, last time I purchased a second hand car (very long established place) they really wasn't keen on me putting £100 down on a credit card, baffled me as it's easier to go after the cc than the car dealer but (whilst noting hindsight is always 20/20) if a place takes debit cards, they must be able to take credit cards and putting that small amount down is best all round. 

I get where you are coming from. But in your list only exhaust is considered a consumable part.

We have no details on the car, mileage etc. Or what exactly the damage is & is the cost for new parts or for reconditioned?

Even Which agree that your rights on cars are tempered by the age/mileage of the car.