Help!! Brought a car yesterday and today found out clutch needs replacing!!

[Foosmummy]

Can anyone tell me what my rights would be..

 

I brought a 2006 Vauxhall vectra 1.9 CDTi with 44,000 miles on clock From a garage yesterday. Anyway, while we were there, we test drove it, and all seemed ok. However, on driving it back the 80 miles or so it was rattling and stalled twice.

 

I have since been to 2 different garages, who have both said it needs a new clutch and flywheel,costing £750. I have called the garage back, who have said they will ring round some garages where they are, to have the work done, and will contribute towards the cost.

 

I feel ripped off, as I paid £1500 upfront, with £5000 taken out on fiance, and don't feel I should be paying anything. Also I don't see why I should have to drive the 80 miles again with a faulty clutch on the motorway! I have been reading the SOGA and also looking at the consumer direct website, and feel that the dealer should be paying the whole amount of repair. I was told that the car has no warranty with it, yet on their website it states and I quote "All our used cars come with our own 3 months parts and labour warranty, giving you that extra piece of mind when buying a used car from ****** Car Sales".

 

 

 

Where do I stand with my rights, as I have the car on finance. I have tried to call them, to explain what the situation is, but I am not able to speak to anyone untill Monday.

 

Many Thanks in advance.

Edited December 5, 2009 by Foosmummy
Extra info, and spelling mistakes

[JimmySpangle]

Tell the garage you want it fixed entirely at their expense or you are rejecting the car under the sale of goods act as it is not fit for the purpose purchased and will return it for a full refund. Put it in writing, send by recorded delivery after faxing it to them.

[dell40]

check your paper work you had as you can contact the hire purchase company as some times they will do somthing because they have the interest in the car.

they give money to the garage when you take out the finance on the car so some times they will do something if your not happy

[Foosmummy]

Thanks for the replys.

 

I have been doing some reading on SOGA and also the Consumer Direct website, I have found a little piece of info which say's

 

If you inspect the car, or someone does so for you, the dealer may not be liable for any faults which should have been uncovered by the inspection. It's a good idea to get a description of the vehicle's condition from the dealer: ask whether there is a pre-sale inspection checklist.

 

Could the dealer use this as an excuse not to repair the clutch??

 

Thanks

[postggj]

I Would Do This To Get This Moving

 

Phone The Garage And Finance Co

Fax Them A Rejection Letter

Then Send A Letter To Each By Recorded Delievery

 

As Its On Finance, The Contract Will Have To Go To The Finance Company To Be Executed By The Underwriters

 

Untill Then You Have 100 % Cast Iron Rights

 

I Would Reject This Car, Get A Full Refund And Go To Another Garage

 

Its Down To Them To Collect The Car, Not You

 

Remember Also To Get Back Any Deposit

 

Ime Talking Days To Do This, Not Weeks

[Foosmummy]

Can I do this, even though the garage has offered to contribute towards the clutch being replaced??

However I have read that if the dealer and consumer can't reach an agreement then rejection is the next step! I don't want this dragging on so will Email finance company now, and send letter to both on monday.

 

The dealer did seem genuine, I just didn't like the line "well we did £450 off the asking price, so we will contribute towards repair"!

[postggj]

why pay more on a car thats a lemon

 

is this the first of menny horrors

 

do you realy want to take that chance

 

go with my sugestion and things will move

 

if you want to stay , demand say 12 months waranty etc

[Foosmummy]

Thats the route I will be taking. I agree with you.I mean what else could be wrong with the car??

 

Thanks for your advice tonight, appreciated.

[postggj]

remember

 

we are talking days

 

not weeks

[Foosmummy]

Emails sent....Letters are being sent on Monday special Delivery!

 

[sailor sam]

I would be suspicious of the mileage... a burnt out clutch after 44,000 miles? has it got a tow bar?

[Foosmummy]

No it doesn't have a towbar. Why what does that mean??

[JimmySpangle]

This is all alarmist. I could burn a brand new clutrch out in 30 seconds if I try. I have also had a car with 150k on the clock and the clutch was as good as new.

 

If you are really happy with the car otherwise, get them to fix it at their expense. Otherwise reject it. The £450 off is irrelevant unless it was reduced to compensate for the dodgy clutch.

[djgordyp]

This is all alarmist. I could burn a brand new clutrch out in 30 seconds if I try. I have also had a car with 150k on the clock and the clutch was as good as new.

 

If you are really happy with the car otherwise, get them to fix it at their expense. Otherwise reject it. The £450 off is irrelevant unless it was reduced to compensate for the dodgy clutch.

From reading the OP I get the impression it is actually the flywheel that is the problem.

A friend of mine recently bought an 03 Focus. The car suffered the same problems ie. rattling an stalling. Fortunatly the car came with a 12 month AA warrenty. The flywheel is only available as a kit (hence the £750 quote). In this case AA would only pay for the flywheel, meaning my mate had to pay about £200 for the rest of the kit (AA were even able to tell him how long it woul take to fit the flywheel (4.8 hours)).

 

Anyway, in chatting with my mate he told me he heard that some Vectra's suffered from the same problem..

If the dealer's website says that all cars come with a warrenty then that is what they should supply regardless of price, unless otherwise agreed. Either way the SOGA is on your side and the dealer should repair at their own cost, replace or refund.

[sailor sam]

No it doesn't have a towbar. Why what does that mean??

 

It would indicate that the car has been used for towing which contributes to clutch wear.

 

In any event, the car was clearly 'not fit for the purpose' so under SOGA, you can expect the selling garage to replace the clutch and not just to 'contribute' to the cost.

[Foosmummy]

Update>>>>>>

 

Garage has paid for new clutch and flywheel....Also added 12 months warranty, and we had independent inspection done and paid for on car!!

 

However....Today we recieved a letter from the finance company advising that as there was a number plate change to the car, could we send them a cheque for £30.00 with the correct number plate..

 

So we called DVLA, they state that the dealer have requested to have the plate (as it is personalised) removed from the car, and the number plate we have been driving around in, isn't registered to any car!!

 

Having now called the dealer it seems, they have the new tax,and MOT certificate, and the forms so we can now change the number plates back to the originals. However the dealer have stated they are not paying a penny more out for this!!

 

Today on checking the Sales invoice it does state the car reg number with in brackets not included with reg num of the car after..At the time, we didn't think anything of it, as we thought it was the original plate.

 

Did the seller need to inform us verbally, that they had requested this, as they had no intention of sending on the docs we needed for the car untill I called them yesterday.. Any help would be appreciated Thanks

[heliosuk]

Interesting. From what I understand the legality of a car is based on a VIN number. It might be that during the buy in sell out process the car was subject to a number plate change. Difficult one this. You own the car with the VIN number but who owns the plate. On the balance of probabilities, you don't own the plate but should not be expected to pay for the transfer. Now that's not necessariliy an issue but what will happen is that there are two cars running around with the same reg. It's a dealer mistake and it's they who should be paying for it.

 

What does the V5 you have for it say?

[Foosmummy]

Thanks for the reply..

 

At the moment all we have for the car, is the green slip new keeper supplement, It doen't have any of our details, just the garage as the new owner dated 01/12/09 and stamped. The DVLA have sent the garage the new forms and log book. We brought the car on the 03/12/09.

[heliosuk]

I think you need to wait for the V5 from the DVLC before doing anything else. Then it will be clear as to what your vin relates to in terms of reg plate. Either way, garage is liable for it as I understand.

[Foosmummy]

We have still not recieved the new tax or MOT certificate, also the form to allow us to get Original plates back on!!

 

Also still waiting on the SAT-NAV CD in order for it to work, which we were told would be sent on, as previous owners wife had forgotten where she put it! I wish my husband had of took the advice to just reject this stupid car, only had it since the 3rd managed to get a weeks drive out of it, and even then it wasn't registered or insured (not intentionally).

 

Have just called consumer direct again, and this time found the lady very helpful. I have been told to write a letter to the dealer for breach of contract, as we have not yet been giving the CD in order for the SAT-NAV to work. Also she has told us to mention the 1978 satisfactory sales of goods due to there being a fault with the stereo too.

 

How long do you think would be a reasonable time to request this is resolved?

 

Thanks

Edited December 22, 2009 by Foosmummy

[sailor sam]

I think you need to contact Consumer Direct (Trading Standards) right away for advice. They may take this up for you.

[Foosmummy]

Hi Sailor Sam,

 

Have already done that, all they say is to write to dealer. I have now contacted a solicitor, as this is taking the mick!!

 

However trying to not stress, but angry the dealers are not sending Documents we need. I think they are still mad about having to pay for the clutch!

[sailor sam]

Probably but that does not change the fact that they are responsible for ensuring the car's registration details is correct before selling it.

[Foosmummy]

Probably but that does not change the fact that they are responsible for ensuring the car's registration details is correct before selling it.

 

 

You would think so!! Have spoken to DVLA, what they have told us, is to send fax to their cherished transfers dept, as we were sold the car on the 3/12, and the retention was accepted on the 7/12, really the car was sold with the private plate. There is no law stopping them from retaining a plate and selling the car while process is going through.

[patdavies]

If you look at the form for retaining/transferring a VRM (V317), it clearly advises that the donor vehicle should not be disposed of until the transfer/retention is complete.

 

I am also at a loss to understand how you have your part of the V5, etc. at the documents must be surrendered with the from.

 

I would argue that you now own the cherished VRM as that is what applied to the vehicle when you bought it (3/12) which is before the V317 was completed (7/12).