NEW CAR PURCHASE GONE WRONG
Discussion
Hi everyone, I'm in need of some advice probably legal advice, I recently purchased a new sports car which is / was advertised / promoted by the manufacturer as a track day based road car, I bought the car to use on the road and also use on track, I ran the car in as the recommendations and just before its first service I had the brakes and suspension upgraded along with a throttle blipper to help on track with down changes,i had the car serviced at 1000 miles again as per the recommendations, Anyways on its first trackday the day after the service it soon became clear there is a serious issue with the gearbox as soon as it got up to temp it constantly jumps out of gear in 3rd 4th and 5th gear when driven hard also after about 20 laps a cv joint boot failed spraying grease all over the wheel and tyre, I managed to get the car home afterwards and then got it recovered to the dealer, the dealer then got a field engineer out to inspect the car who was very concerned about the upgrades and doubted that the gearbox would be replaced under warranty due to the upgrades (the car has now covered 1310 miles form new), also around about this time due to a issue with another owned car I did a vehicle tax check on the car to find that it has never been registered by the selling dealer so to my horror myself and my wife had been using the car on public roads with no registration no tax and no valid insurance!!!!!, I have contacted the dealer numerous times to be told this is a dvla issue and it will be sorted but as of today ( three weeks later) this hasn't happened, have I got the rights to reject the car under these circumstances, at this time I haven't had a decision with the manufacturer/ dealer over the gearbox but its looking like there sticking to there first decision and refusing the warranty claim, please help with any advice...
cheers
cheers
turbo9111 said:
Hi everyone, I'm in need of some advice probably legal advice, I recently purchased a new sports car which is / was advertised / promoted by the manufacturer as a track day based road car, I bought the car to use on the road and also use on track, I ran the car in as the recommendations and just before its first service I had the brakes and suspension upgraded along with a throttle blipper to help on track with down changes,i had the car serviced at 1000 miles again as per the recommendations, Anyways on its first trackday the day after the service it soon became clear there is a serious issue with the gearbox as soon as it got up to temp it constantly jumps out of gear in 3rd 4th and 5th gear when driven hard also after about 20 laps a cv joint boot failed spraying grease all over the wheel and tyre, I managed to get the car home afterwards and then got it recovered to the dealer, the dealer then got a field engineer out to inspect the car who was very concerned about the upgrades and doubted that the gearbox would be replaced under warranty due to the upgrades (the car has now covered 1310 miles form new), also around about this time due to a issue with another owned car I did a vehicle tax check on the car to find that it has never been registered by the selling dealer so to my horror myself and my wife had been using the car on public roads with no registration no tax and no valid insurance!!!!!, I have contacted the dealer numerous times to be told this is a dvla issue and it will be sorted but as of today ( three weeks later) this hasn't happened, have I got the rights to reject the car under these circumstances, at this time I haven't had a decision with the manufacturer/ dealer over the gearbox but its looking like there sticking to there first decision and refusing the warranty claim, please help with any advice...
cheers
Quite hard to read it all as one but why would you do anything to the car prior to a first service/check? cheers
I can't see why any upgrades you've done would affect the gearbox but on the other hand you are trying to reject a car that you have altered from their spec. Why should they accept a car back that has been altered? Surely all you want is to get the gearbox sorted unless of course you've screwed the car up by your modifications (minus the gearbox issue) and are trying to wriggle out of a poor choice of car?
I can't see why you weren't insured unless you didn't insure it.
I can't see any reason why you would be able to reject the car if I'm honest.
They can reject your warranty claim. If they won't change their mind then you would need to take them to court and prove that the modifications you made were not possibly the cause of the failures. You might want to seek legal advice about that.
I'm not sure where you'd stand with rejecting a car that you've modified and broken. What does the warranty say about track use?
I'm not sure where you'd stand with rejecting a car that you've modified and broken. What does the warranty say about track use?
first off I,m not trying to reject the car but feel I have no choice if the warranty is not honoured, the upgrades to the car apart from the throttle blipper are offered as a manufacturer upgrade, the v5 has never come through and the dealer is responsible for registering it and I had paid for the tax as part of the purchase price, if the car hasn't been registered and taxed how could the insurance be valid?, I haven't broken the car the gearbox has a serious fault which comes to light when the car is driven hard,
roadsmash said:
100% troll.
Agreed. Another one of these threads where there’s a longstanding account that hasn’t been used in ages and now has a fully completed profile. I’d love to know where the place is that these get bought and sold.
ETA
Removed as requested.
Edited by Big Al. on Friday 7th September 09:16
OP, you said you had the mods done before the first service. Who did the mods and who did the service. If it was different people, did the service people raise any issues regarding any of the modifications?
After the mods were done, did anything modification wise cause any issues? Did the blipper work properly, did you need to tweak it to set it up for example, if so was that on road or track.
What warranty is on the car. As a track based road car, it may not be as comprehensive or for as long a period as the same manufacturer's road cars for example?
I think the issue you have is that you had the mods done possibly not by the dealer, (I'm guessing) and they were done before the first service which is an opportunity for dealer or reputable garage to see if there are any potential issues with the car, drivetrain, etc. By modifying it before that, they may claim you have changed it spec and running parameters even before it was knows that the car was performing as properly as it needed to, ie the first service checks, oil changes etc. If you then trackdayed it also, before maybe the manufacturer had chance to get its dealer to see the car after purchase (if it turns out you had the service done at a specilaist for example), then I think again you may have a problem.
I am guessing this is a lotus of some sort. It may be worth getting onto a Lotus forum to ask questions about similar cars, I have heard lots about gearbox issues with modified Exiges, particularly with the IPS gearboxes, when modified etc with software etc to up power.
I think if your mods were confined to things like brakes and exhaust, with negligible power increase, this should not affect the gearbox at such a young age. However, the blipper could be and may be deemed to have potentially caused an issue. Is this used with some sequential style box as it is on a motorbike to allow clutchless downchanges, if so, and it isn't set up right, it could easily mark up a dog or something in the box. And if it is a non manufacturer part, I think you may have to such it up, have gbox rebuilt and take the blipper off until you are sure the gbox is ok.
it is tricky to understand the whole chain of events, but if the gbox was ok in 1k road miles, you had some mods done, blipper on, and service, then took it to track and the gbox had an issue, it may well be connected to the mods, service or specifically the blipper, so may well be your problem to get sorted.
Good luck though sorting it!
After the mods were done, did anything modification wise cause any issues? Did the blipper work properly, did you need to tweak it to set it up for example, if so was that on road or track.
What warranty is on the car. As a track based road car, it may not be as comprehensive or for as long a period as the same manufacturer's road cars for example?
I think the issue you have is that you had the mods done possibly not by the dealer, (I'm guessing) and they were done before the first service which is an opportunity for dealer or reputable garage to see if there are any potential issues with the car, drivetrain, etc. By modifying it before that, they may claim you have changed it spec and running parameters even before it was knows that the car was performing as properly as it needed to, ie the first service checks, oil changes etc. If you then trackdayed it also, before maybe the manufacturer had chance to get its dealer to see the car after purchase (if it turns out you had the service done at a specilaist for example), then I think again you may have a problem.
I am guessing this is a lotus of some sort. It may be worth getting onto a Lotus forum to ask questions about similar cars, I have heard lots about gearbox issues with modified Exiges, particularly with the IPS gearboxes, when modified etc with software etc to up power.
I think if your mods were confined to things like brakes and exhaust, with negligible power increase, this should not affect the gearbox at such a young age. However, the blipper could be and may be deemed to have potentially caused an issue. Is this used with some sequential style box as it is on a motorbike to allow clutchless downchanges, if so, and it isn't set up right, it could easily mark up a dog or something in the box. And if it is a non manufacturer part, I think you may have to such it up, have gbox rebuilt and take the blipper off until you are sure the gbox is ok.
it is tricky to understand the whole chain of events, but if the gbox was ok in 1k road miles, you had some mods done, blipper on, and service, then took it to track and the gbox had an issue, it may well be connected to the mods, service or specifically the blipper, so may well be your problem to get sorted.
Good luck though sorting it!
turbo9111 said:
to my horror myself and my wife had been using the car on public roads with no registration no tax and no valid insurance!!!!!,
Why no valid insurance? It's your job to arrange the insurance. And insurance would not be invalidated by a car not being taxed and registered. TwigtheWonderkid said:
turbo9111 said:
to my horror myself and my wife had been using the car on public roads with no registration no tax and no valid insurance!!!!!,
Why no valid insurance? It's your job to arrange the insurance. And insurance would not be invalidated by a car not being taxed and registered. TROLL!!
KevinCamaroSS said:
Also, how did you insure it without the registration plate details?
TROLL!!
Really? It's not that hard. The car obviously has plates. The OP (albeit wrongly) is surmising that the fact there has been a problem registering the car will have invalidated his insurance.TROLL!!
Bert
poo at Paul's said:
OP, you said you had the mods done before the first service. Who did the mods and who did the service. If it was different people, did the service people raise any issues regarding any of the modifications?
After the mods were done, did anything modification wise cause any issues? Did the blipper work properly, did you need to tweak it to set it up for example, if so was that on road or track.
What warranty is on the car. As a track based road car, it may not be as comprehensive or for as long a period as the same manufacturer's road cars for example?
I think the issue you have is that you had the mods done possibly not by the dealer, (I'm guessing) and they were done before the first service which is an opportunity for dealer or reputable garage to see if there are any potential issues with the car, drivetrain, etc. By modifying it before that, they may claim you have changed it spec and running parameters even before it was knows that the car was performing as properly as it needed to, ie the first service checks, oil changes etc. If you then trackdayed it also, before maybe the manufacturer had chance to get its dealer to see the car after purchase (if it turns out you had the service done at a specilaist for example), then I think again you may have a problem.
I am guessing this is a lotus of some sort. It may be worth getting onto a Lotus forum to ask questions about similar cars, I have heard lots about gearbox issues with modified Exiges, particularly with the IPS gearboxes, when modified etc with software etc to up power.
I think if your mods were confined to things like brakes and exhaust, with negligible power increase, this should not affect the gearbox at such a young age. However, the blipper could be and may be deemed to have potentially caused an issue. Is this used with some sequential style box as it is on a motorbike to allow clutchless downchanges, if so, and it isn't set up right, it could easily mark up a dog or something in the box. And if it is a non manufacturer part, I think you may have to such it up, have gbox rebuilt and take the blipper off until you are sure the gbox is ok.
it is tricky to understand the whole chain of events, but if the gbox was ok in 1k road miles, you had some mods done, blipper on, and service, then took it to track and the gbox had an issue, it may well be connected to the mods, service or specifically the blipper, so may well be your problem to get sorted.
Good luck though sorting it!
Thanks for your input the upgrades were carried out by a reputable dealer also the blipper just blips the revs when the clutch is pressed when on the brakes at same time to change down a gear so really less pressure on the gearbox, the car also has full warranty as any other new car, it's looking like a decision will be made on Monday, cheersAfter the mods were done, did anything modification wise cause any issues? Did the blipper work properly, did you need to tweak it to set it up for example, if so was that on road or track.
What warranty is on the car. As a track based road car, it may not be as comprehensive or for as long a period as the same manufacturer's road cars for example?
I think the issue you have is that you had the mods done possibly not by the dealer, (I'm guessing) and they were done before the first service which is an opportunity for dealer or reputable garage to see if there are any potential issues with the car, drivetrain, etc. By modifying it before that, they may claim you have changed it spec and running parameters even before it was knows that the car was performing as properly as it needed to, ie the first service checks, oil changes etc. If you then trackdayed it also, before maybe the manufacturer had chance to get its dealer to see the car after purchase (if it turns out you had the service done at a specilaist for example), then I think again you may have a problem.
I am guessing this is a lotus of some sort. It may be worth getting onto a Lotus forum to ask questions about similar cars, I have heard lots about gearbox issues with modified Exiges, particularly with the IPS gearboxes, when modified etc with software etc to up power.
I think if your mods were confined to things like brakes and exhaust, with negligible power increase, this should not affect the gearbox at such a young age. However, the blipper could be and may be deemed to have potentially caused an issue. Is this used with some sequential style box as it is on a motorbike to allow clutchless downchanges, if so, and it isn't set up right, it could easily mark up a dog or something in the box. And if it is a non manufacturer part, I think you may have to such it up, have gbox rebuilt and take the blipper off until you are sure the gbox is ok.
it is tricky to understand the whole chain of events, but if the gbox was ok in 1k road miles, you had some mods done, blipper on, and service, then took it to track and the gbox had an issue, it may well be connected to the mods, service or specifically the blipper, so may well be your problem to get sorted.
Good luck though sorting it!
turbo9111 said:
KevinCamaroSS said:
Also, how did you insure it without the registration plate details?
TROLL!!
Are you for real ?, corse I had registration plates wot do you think I did collected a £55k car and drove it around with no plates on....TROLL!!
Being so rare now DVLA can often take many weeks to complete a V55 application and for send out a reg doc. The dealer is not necessarily at fault.
Although some makes of car are sold for road and track use you need to read the warranty cover carefully. Track use can sometimes invalidate the standard warranty, or you may have the opportunity to pay a premium to extend cover to track work.
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