walmersley trade centre - 2nd hand car clutch gone

[mattshipley]

Hello,

probably been asked 100s of times but what are the chances i can get the garage I bought the car from to replace a clutch kit in the following circumstances:

 

 

Bought a Nissan almera £1495 from a garage 3/8/16. Car started over revving when accelerating in 3rd gear... 6/8/16. 3 days after purchase.

 

Problem quickly worsened and had been over revving in 3rd to 5th constantly.

Car has been checked today 22/8/16 , less than 3 weeks since bought, done less than 300 miles and needs a new clutch kit £305.

 

The front brake is also stuck on and i'm waiting to hear how much to fix.

To say the least it's extremely likely the clutch was already worn before purchase so the fault was pre existing but trade centre are not interested.

 

When asked before purchase whether the car had had a recent service I was given a vague answer 'hmm I think so'. There are supposedly no MOT advisories and the car appeared fine so I went through with the purchase which I am now beginning to regret.

 

I know the repair garage isn't making things up as I know them and dealt with them for a long time.

 

 

Does anyone know how likely if I went to small claims court whether I could get the dealer to pay for the clutch...thanks

[johnjordan]

Are you aware that you can check the MOT history of a car at the following website?

 

https://www.gov.uk/check-mot-history

[dx100uk]

http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

 

 

and atleast surely a 30 warranty?

[ukguy2k]

you actually 3months sale act and ignore a garage that says 30days or no warranty included its sale act law if you need help contact trading standards they will tell you what to do and if they refuse they will tell what next step to do but hopefully someone on here will give you a idea

 

 

but make sure you keep evidence of whats been said either ring them and get someone to record everything on loud speaker or email them or send a letter

 

 

You can say something like this:

“Under the Consumer Rights Act 2015, this car should be of a satisfactory quality, fit for purpose and as described. My rights have been breached because the car you sold me is faulty. I would like you to put this right by giving me a refund/repairing the car at your cost.”

 

 

 

 

more information on https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Edited August 22, 2016 by ukguy2k

[mattshipley]

Thanks johnjordan

I didn't know you could check the mot online.

 

 

the mot failed the same day but only for both headlamps beam aiming too high. it then passed with no advisories.

 

I wish I had taken a photo of the ad as it said it had been serviced.

 

 

I guess you never really know when you buy a 2nd hand car but for the clutch to need replacing after a few days it must have been know to either the dealer or the service centre that it was worn out. the dealer was walmersley trade centre in bury if anyone has had dealt with them.

[ukguy2k]

is it on hire or cash and did you get a invoice for buying the car

 

 

most people that know about cars would know straight away if clutch was going as you would notice slipping in revs and also high clutch biting point and usually you get a smell from engine area

 

 

also never believe anyone that says its been serviced without showing the actual paperwork

Edited August 22, 2016 by ukguy2k

[mattshipley]

cheers guys and it was bought with cash.

 

 

I have an invoice with a note on it * 1 month engine and gearbox warranty only.

 

I asked about extra warranty before I paid for it which was £100 for 3 months and included most things including the clutch.

 

 

I probably would have bought the warranty for the peace of mind but I was already stretching at £1495

[ukguy2k]

never buy warranty they don't mean nothing theres plenty of reviews about that they don't pay out as they say its wear and tear its down to the dealer to fix the problem doesn't matter if warranty people come out to your car and say its wear and tear

 

 

and wont surprise me if the garage will try to fob you off but if he does just contact trading standards but tell him you know what your rights and if he still fobs you offer then ask trading standards for a quicker route but most likely be court

 

 

I had no warranty on a car for £1200 3yrs ago and engine was knackered after 2months and when I rang garage they tried fobbing me off saying it was 1 month cover I said by the sales act if a car is unfit for purpose within 3months you after fix it and they ended up replacing engine

 

 

that was at a different garage

 

 

also you are entitled to any problems in the 3 months to be fixed unless you caused it which you haven't caused them problems

Edited August 22, 2016 by ukguy2k

[mattshipley]

yeah I know next to nothing about cars to be honest

I did google checking a clutch on a used car before I bought it

and the clutch doesn;t/didn;t have a noticeably high biting point

and didn;t notice any slipping in revs when I test drove it.

 

 

I was concentrating on the road in a busy area though and gear changes felt fine,

the car and clutch felt smooth and quiet but there could have been revs slipping that I didn;t notice.

 

ok cheers that's probably what I will do

just to let him know I won't let him fob me off possibly something will be done about it.

 

 

my friend said the same about warranty,

he knows a reasonable bit about cars and came with me to check it over before I paid the rest after deposit

and sat in it in the yard but didn't test drive it, but he thought it looked alright as well

[ukguy2k]

ye usually clutch when worn they slip when they warmed up

 

 

its either 3month or 6months of sales act for cars

[ukguy2k]

also another site that tells you how to deal with it https://www.moneyadviceservice.org.uk/en/articles/your-rights-if-something-is-wrong-with-your-car says within 6 months aswell

 

just email them the issue and see what reply you get but if they ring you then you need to get a recorder like a spare phone

 

hopefully they might sort it out because I don't think they be happy getting took to court

[dx100uk]

posted that in post 3 already

 

 

SOGA/CRA is NOT only 3 mths!!

 

 

dx

[ukguy2k]

ye I added a link where it says 6months so on

[mattshipley]

ok cheers

[Hammy1962]

'2nd hand car clutch gone'

 

Where was it the last time you saw it?

 

H

[mattshipley]

hammy : )

so to update I paid for the clutch myself reasoning if that was all was wrong with it It would just be one of those things. couple of days later and a heat shield has corroded off the bottom of the car. That was it for me I want my money back and told the dealer so.

 

 

The dealer has agreed to refund the money, barring £25 which he says he will give me when I receive the reg docs ( only bought the car 3 weks ago) and send them back...?

 

 

Since I won't be able to swap any docs back over, will I still be responsible for the car after I cancel insurance?

 

 

Just wondering in case they don't agree to sign anything

 

 

cheers

[ukguy2k]

once car as been returned to them that's there problem when insurance is cancelled

 

you should of got a new mot check on the car before getting clutch as dealers pay garages a back hand to pass them

 

my sister last year didn't listen to me when she got a 2k car from dealer and when she came over I said your disc and pads are worn and electric window and mirrors don't work and I told her you could of brought one in that condition for 1k

 

she was lazy to take it back to dealer to complain about it and they passed mot

[mattshipley]

ok cheers

 

 

I think I need to send a letter to dvla but I don't know, i'm assuming they are wanting to keep the £25 as that is the cost of a new v5c? In case I don't send it back I suppose

[ukguy2k]

well if you want rid of the car and your money back then just let them keep the £25 if you refuse they could be hassles and just say take it court which you would win due to car being faulty but its hassle

 

 

[removed]

Edited August 28, 2016 by dx100uk
behave - dx

[mattshipley]

yeah just want rid of the car now, possibly I would fix the heat shield and nothing else goes wrong but my optimism has gone since that came off.

[ukguy2k]

but the clutch you should of just took him court and got the car checked over for faults and made him pay

 

well 2 options either take car back and get a refund and pay the £25 just to get shut or take the car to a garage for a pre mot check and if it fails for alsorts either get the invoice of repairs and tell him if he doesn't repair you take him court or want a full refund without the £25 removed for v5

 

trust me he wont win at court if you take it there as he cant refuse cost of repairs if he does 1. refund or court and you win

 

if I was you aswell is search on google for is garage and leave a bad review

 

private is worse

 

 

my dad brought a car but bad thing is you cant tell if brake lines are bad unless you can lift car and 2days later brake fluid was all over drive way so the guy who sold it put 12months mot with a car that's a death trap so its shows people if they know mot people they pass being dangerous

 

if I was you take car for a pre mot and if the car is bad take it back and if he refuses to take car without taking £25 v5 say you take him court for a car that shouldn't be on road and then get dvla involved for a garage that passed it in the first place as they be under investigation for passing a car with issues

[Conniff]

hammy : )

so to update I paid for the clutch myself reasoning if that was all was wrong with it It would just be one of those things. couple of days later and a heat shield has corroded off the bottom of the car. That was it for me I want my money back and told the dealer so.

 

 

The dealer has agreed to refund the money, barring £25 which he says he will give me when I receive the reg docs ( only bought the car 3 weks ago) and send them back...?

 

 

Since I won't be able to swap any docs back over, will I still be responsible for the car after I cancel insurance?

 

 

Just wondering in case they don't agree to sign anything

 

 

cheers

 

So you bought a car and noticed that the clutch was slipping after just three days but continued to drive it. You should have returned to the seller immediately you noticed anything wrong.

 

You have paid yourself to have a clutch fitted and the dealer will accept it back but not give you a full refund. He is having a laugh, he will be able to sell the car with confidence that there is nothing wrong with the clutch and probably charge even more than he sold it to you.

 

What is the state of play at the moment, has he definitely agreed a full refund minus the log book fee ??

 

Are you still driving the car ??