Car requires expensive wear related repair - what to do?
Discussion
Hey folks
Just got my 2nd lemon in a row and Im entirely out of money (still trying to sell the last one whilst it rusts on my parents drive). Bought a 04 subaru forester with 124k on the clock. I should have foreseen issues but whilst driving it home I began to notice the clutch slipping slightly (It didnt on the test drive, but I didnt really get a chance to boot it until I hit the motorway), a week later and 500miles on the clock after purchase (200 miles of that was driving it home) the clutch is knackered and the car is pretty much unable to accelerate. Luckly I had purchased a "all inclusive warranty" from a 3rd party selling through the dealer which listed its included parts as a clutch (if it wasnt for that I would have turned around the moment the clutch started slipping).
So on Monday I went into the local scooby garage and asked for a quote for a clutch job £830 (turns out subaru AWD drivetrains have the most ackward clutches)... After asking in an independent garage I was given a better rate of £500, so with these 2 quotes I called up the warranty company to talk about how they handle claims, was promptly told that at that mileage they wont pay out as it would be wear & tear, even though it list clutch replacements as an item they cover on the paperwork they sold me the policy on. After that I called up the dealer who I bought it from who stated that he offers no warranty on parts and thats what the 3rd party warranty is for.
Ive had the car about a week. I really just want rid of it now and my money back since I genuinely cant afford the repair, is there anything I can do with the dealer/warranty or am I just screwed due to the age/mileage of the car?
Just got my 2nd lemon in a row and Im entirely out of money (still trying to sell the last one whilst it rusts on my parents drive). Bought a 04 subaru forester with 124k on the clock. I should have foreseen issues but whilst driving it home I began to notice the clutch slipping slightly (It didnt on the test drive, but I didnt really get a chance to boot it until I hit the motorway), a week later and 500miles on the clock after purchase (200 miles of that was driving it home) the clutch is knackered and the car is pretty much unable to accelerate. Luckly I had purchased a "all inclusive warranty" from a 3rd party selling through the dealer which listed its included parts as a clutch (if it wasnt for that I would have turned around the moment the clutch started slipping).
So on Monday I went into the local scooby garage and asked for a quote for a clutch job £830 (turns out subaru AWD drivetrains have the most ackward clutches)... After asking in an independent garage I was given a better rate of £500, so with these 2 quotes I called up the warranty company to talk about how they handle claims, was promptly told that at that mileage they wont pay out as it would be wear & tear, even though it list clutch replacements as an item they cover on the paperwork they sold me the policy on. After that I called up the dealer who I bought it from who stated that he offers no warranty on parts and thats what the 3rd party warranty is for.
Ive had the car about a week. I really just want rid of it now and my money back since I genuinely cant afford the repair, is there anything I can do with the dealer/warranty or am I just screwed due to the age/mileage of the car?
Edited by caelite on Thursday 24th December 18:34
caelite said:
Hey folks
Just got my 2nd lemon in a row and Im entirely out of money (still trying to sell the last one whilst it rusts on my parents drive). Bought a 04 subaru forester with 124k on the clock. I should have foreseen issues but whilst driving it home I began to notice the clutch slipping slightly (It didnt on the test drive, but I didnt really get a chance to boot it until I hit the motorway), a week later and 500miles on the clock after purchase (200 miles of that was driving it home) the clutch is knackered and the car is pretty much unable to accelerate. Luckly I had purchased a "all inclusive warranty" from a 3rd party selling through the dealer which listed its included parts as a clutch (if it wasnt for that I would have turned around the moment the clutch started slipping).
So on Monday I went into the local scooby garage and asked for a quote for a clutch job £830 (turns out subaru AWD drivetrains have the most ackward clutches)... After asking in an independent garage I was given a better rate of £500, so with these 2 quotes I called up the warranty company to talk about how they handle claims, was promptly told that at that mileage they wont pay out as it would be wear & tear, even though it list clutch replacements as an item they cover on the paperwork they sold me the policy on. After that I called up the dealer who I bought it from who stated that he offers no warranty on parts and thats what the 3rd party warranty is for.
Ive had the car about a week. I really just want rid of it now and my money back since I genuinely cant afford the repair, is there anything I can do with the dealer/warranty or am I just screwed due to the age/mileage of the car?
A 12 year old car...Just got my 2nd lemon in a row and Im entirely out of money (still trying to sell the last one whilst it rusts on my parents drive). Bought a 04 subaru forester with 124k on the clock. I should have foreseen issues but whilst driving it home I began to notice the clutch slipping slightly (It didnt on the test drive, but I didnt really get a chance to boot it until I hit the motorway), a week later and 500miles on the clock after purchase (200 miles of that was driving it home) the clutch is knackered and the car is pretty much unable to accelerate. Luckly I had purchased a "all inclusive warranty" from a 3rd party selling through the dealer which listed its included parts as a clutch (if it wasnt for that I would have turned around the moment the clutch started slipping).
So on Monday I went into the local scooby garage and asked for a quote for a clutch job £830 (turns out subaru AWD drivetrains have the most ackward clutches)... After asking in an independent garage I was given a better rate of £500, so with these 2 quotes I called up the warranty company to talk about how they handle claims, was promptly told that at that mileage they wont pay out as it would be wear & tear, even though it list clutch replacements as an item they cover on the paperwork they sold me the policy on. After that I called up the dealer who I bought it from who stated that he offers no warranty on parts and thats what the 3rd party warranty is for.
Ive had the car about a week. I really just want rid of it now and my money back since I genuinely cant afford the repair, is there anything I can do with the dealer/warranty or am I just screwed due to the age/mileage of the car?
Edited by caelite on Thursday 24th December 18:34
124,000 miles...
"All Inclusive Warranty" rrrrigghhhttt!
Sorry OP, I fear the worst for you.
750turbo said:
A 12 year old car...
124,000 miles...
"All Inclusive Warranty" rrrrigghhhttt!
Sorry OP, I fear the worst for you.
I understand that and if it had happened after I had atleast owned it for more an a month or 2 I honestly wouldnt mind. But this is the 2nd time in a row ive bought a clean looking car from a dealer only for it to break down, through no fault of my own, less than week later and to be honest I just cant afford to go through it again.124,000 miles...
"All Inclusive Warranty" rrrrigghhhttt!
Sorry OP, I fear the worst for you.
hornetrider said:
SOGA applies here surely. You can assume the fault was present at sale. Dealers issue.
Any idea what I do next? I know under SOGA and the new Consumer Rights Act I have 30 days to reject and push a refund and 6 months to claim for any unexpected faults that would have been present before purchase but to be honest I have no idea how to go about having these acts enforced when a dealer doesn't want to co-operate. hornetrider said:
SOGA applies here surely. You can assume the fault was present at sale. Dealers issue.
To be of satisfactory quality a few factors such as age, price and mileage are taken into consideration. Worth a shot but is not 100% guaranteed. (Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002.)Anything up to 6 months the assumption is that he fault was there at the time of purchase
http://www.autotrader.co.uk/content/new-laws-prote...
The problem is while its in dispute you have to park it up until it's sorted out
As its within the 30 days and the clutch has gone I'd think you have a good case for a refund as it's not fit for purpose
More advice at CAB
https://www.citizensadvice.org.uk/consumer/buying-...
http://www.autotrader.co.uk/content/new-laws-prote...
The problem is while its in dispute you have to park it up until it's sorted out
As its within the 30 days and the clutch has gone I'd think you have a good case for a refund as it's not fit for purpose
More advice at CAB
https://www.citizensadvice.org.uk/consumer/buying-...
Edited by wack on Thursday 24th December 20:52
Edited by wack on Thursday 24th December 22:47
You are entitled to a car that works without reference to the mileage. Your car only ran for 500 miles so the fault was, in all probability, present at time of sale. As you say, there is considerable legislation out there for you.
With any luck one of the legal experts will come on and advise you, but there is always the CAB, trading standards, and similar. There are any number of websites that offer advice, and some with examples of what letters to write, your options, and more.
With any luck one of the legal experts will come on and advise you, but there is always the CAB, trading standards, and similar. There are any number of websites that offer advice, and some with examples of what letters to write, your options, and more.
anonymous said:
[redacted]
It's not right and whoever posted it is clearly not on this planet. Px a car for value of a grand. Dealer spends a grand on it and sells it for 3 grand. You are not entitled to 3 grand back and to even begin to think that would pass is absolutely ridiculous. Merry Xmas.
I'm not surprised that the warranty would only cover a sudden failure rather than wear and tear but the dealer can't use the old "that's what the warranty is for" line as if it overules all legal rights and excludes them from any liabilities.
Fit for purpose is a pretty basic thing to decide, any car sold as roadworthy becoming undrivable after just a few days doesn't make it.
Fit for purpose is a pretty basic thing to decide, any car sold as roadworthy becoming undrivable after just a few days doesn't make it.
Roadworthy/unroadworthy is usually taken as being fit for use on a road without presenting a danger to other road users:
"What is meant by the term unroadworthy?
The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy: -
• Steering and steering gear
• Brakes and braking systems
• Tyres;
• Exhaust systems;
• Seatbelts and seatbelt anchorages;
• General condition (corrosion, suspension etc).
In short a vehicle may be classed as being unroadworthy if it is in such a condition that its use on the road would endanger the driver, passengers, other road users or pedestrians. There are also regulations, which, set out construction requirements for various components such as brakes, steering, gears, tyres, construction, weight and equipment of the vehicle. If a vehicle fails to meet the requirements it may also be considered unroadworthy"
http://swercots-partners.org.uk/system/files/rta_g...
A slipping clutch isn't going to fall under that heading. Which leaves you with the CRA as already mentioned.
"What is meant by the term unroadworthy?
The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy: -
• Steering and steering gear
• Brakes and braking systems
• Tyres;
• Exhaust systems;
• Seatbelts and seatbelt anchorages;
• General condition (corrosion, suspension etc).
In short a vehicle may be classed as being unroadworthy if it is in such a condition that its use on the road would endanger the driver, passengers, other road users or pedestrians. There are also regulations, which, set out construction requirements for various components such as brakes, steering, gears, tyres, construction, weight and equipment of the vehicle. If a vehicle fails to meet the requirements it may also be considered unroadworthy"
http://swercots-partners.org.uk/system/files/rta_g...
A slipping clutch isn't going to fall under that heading. Which leaves you with the CRA as already mentioned.
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