Consumer rights Act 2015

H23

Hello, I’m looking for some advice about a used car I purchased from a dealership. Less than 30 days into my purchase the clutch failed while I was pulling out of a junction and had to be recovered. The vehicle was in the dealers garage for four days. I was then informed that it had been repaired and I went to collect it.

When I arrived, I was informed that they had not repaired the clutch but had repaired two seized rear break cylinders and faulty suspension. I checked the clutch in the dealership and it was still clearly faulty. I refused to take the car from the dealership as it was unsafe to drive. The dealers tried to pressure me to take the vehicle and then told me they would fix it the next day. I didn’t agree to repairs and told them I needed to think about my options.

I submitted a refusal of vehicle under the consumer rights act 2015 on the same day and asked for further communication in writing. I was then bombarded with calls the next day telling me the vehicle had been repaired and I needed to pick it up. The dealership are refusing refund and that they have signed documentation stating I agreed to repairs. I did not agree or sign anything.

It concerns me that when I refused to take the vehicle from the dealership after failed repair, they stated I had signed something that waived my rights to refuse. When I explicitly stated that I signed no such thing, they said it was signed automatically. Where do I stand realistically?

eskbanker

Being 'signed automatically' sounds like a pretty flimsy argument to me, so if you're confident that you didn't sign anything then your rights are unaffected.

H23

I thought so too. I definitely didn’t sign anything. I asked for a copy of the document to no avail. They’re just flat out refusing at this point.

What would the next steps be? Citizens advice or small claims court?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6656624/consumer-rights-act-2015

I am rather confused.

If the clutch failed then that would mean unable to drive the car. If the garage fixed the wearing rear brake callipers and suspension, that is a good thing, but could you drive the car when you went to collect it? What do you mean by "checked the clutch and it was still faulty"?

Consumer rights on a used car are measured against the expectations appropriate to the age, mileage, general condition, price paid of the car. What are these parameters and what type of car?

Also, on a used car, not every fault is grounds for rejection.

H23

I didn’t drive the car when I went to collect it, I started the engine and pressed the clutch down and it was still sticking to the floor, if that makes sense. Mechanics isn’t my forte, unfortunately.

I completely understand that used cars are not going to be in perfect condition, but I assumed that buying from a large well known dealership and spending £7000, It would at least be drivable for more than a few weeks.

Grumpy_chap

So, when you went to collect the car, it was undriveable because of the clutch?

You were not able to lift the clutch to engage the gear?

You say the "clutch was sticking to the floor" but, in rather more common parlance, a failing clutch is more usually described as having a "high biting point" and, if the clutch pedal rises fully without engaging the gear that is the clutch failed. Also called "clutch slipping".

So, in what way exactly has the clutch failed? (What are the symptoms when you had the car recovered and when you went to collect the car after repair?)

If the clutch had failed when the car was recovered, and the clutch still slipping, how did the garage move the car about the service yard?

How is the clutch now different from when you took the car for a test drive?

You are correct that you expect a £7k car to be driveable for more than a few weeks. But, if the car suffers a genuine fault commensurate with the age and mileage, and that fault is repaired, that can make the car better to hold onto than another car which is an even greater unknown quantity.

Could it be that the fault was not the clutch at all, but the rear brakes / hand brake seized which prevented you pulling away at the junction when the car was recovered? If so, it sounds as though that fault has been addressed.

H23

I’m unsure why the garage replaced the clutch and the master cylinder the next day if there was nothing wrong with it

Jenni_D

@Grumpy_chap it could just be that the clutch cable had snapped. (Assuming it was a mechanical rather than hydraulic linkage). And/or the return spring on the clutch pedal had broken/slipped off the pedal .. something which would mean the pedal going to the floor and not returning.

A high bite point doesn't necessarily denote a faulty clutch.

Grumpy_chap

Many thanks @Jenni_D

I am not sure I fully follow what repairs have been undertaken on the car. Initially the OP said "they had not repaired the clutch but had repaired two seized rear break cylinders and faulty suspension" but now says "the garage replaced the clutch and the master cylinder the next day".

Does the OP's phrase "the next day" mean "the next day after the brakes and suspension were fixed"?

m0bov

You have given them a chance to repair. Search a template for rejection and include an lba. Then SCC them if needed. Unless you paid with finance or used a credit card, they are jointly liable.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81898809#Comment_81898809

For clarity, you presumably mean "Unless If you paid with finance or used a credit card, they are jointly liable"?