advice on clutch gone on car that i just bought.

advice on clutch gone on car that i just bought.

Author
Discussion

Migx

Original Poster:

791 posts

180 months

Friday 26th April 2013
quotequote all
1 month ago i bought a 1995 range rover p38 from a car dealer.
they sold me as well a warranty insurance....
since then the clutch started slipping and there is a air leak on the rear suspension.
when they printed the invoice they wrote "this car is being sold as scrap or spare or repairs and not in roadworthy condition, and to be trade sale px clearence."
was also sold with a new mot, new road tax, serviced and with a new exhaust as the old one was too rusty.
tomorrow i am taking the car back to have the clutch changed and the air leak checked.
legally where do i stand about the repair that need to be done? do i have to pay for whatever the warranty insurance doesn't pay (that for some reason i believe its not worth the paper its written on) or as the seller is a car dealer he have to repair it without charging me anything.
Thank you in advance.


KTF

9,837 posts

151 months

Friday 26th April 2013
quotequote all
What have you agreed with the dealer? Assume you have asked if its covered or not before you booked it in?

Jimmyarm

1,962 posts

179 months

Friday 26th April 2013
quotequote all
It depends on what you paid for it ultimately, if it was £200 then you may be asking a bit much but, if it was a fair market price for one you have some course for recompense.

The 'it is sold as seen/spares or repairs' blah blah is pretty much ignorable unless you bought it as such (which is why what you paid is important, along with how it was advertised).

This is ignoring the warranty aspect of course, without reading it and being able to diagnose the faults personally I wouldn't want to even guess smile

MarsellusWallace

1,180 posts

202 months

Friday 26th April 2013
quotequote all
Was the car sold to you as scrap/spares,not roadworthy?If so you don't have a lot of comeback.

If not then why did you accept an invoice from them stating those things if it wasn't really the case?

Matt UK

17,760 posts

201 months

Friday 26th April 2013
quotequote all
MarsellusWallace said:
Was the car sold to you as scrap/spares,not roadworthy?If so you don't have a lot of comeback.

If not then why did you accept an invoice from them stating those things if it wasn't really the case?
This

Countdown

40,079 posts

197 months

Friday 26th April 2013
quotequote all
Can't understand why they sold you a warranty on a car not deemed roadworthy? confused

Migx

Original Poster:

791 posts

180 months

Friday 26th April 2013
quotequote all
i paid 3000 for it (i know it is a little bit over their price but was counting with piece of mind of buying from a dealer).
he said the sold as... was normal on part exchanges.
considering he took the car to the mot (and passed with no advisories) and put a new exhaust goes against not being roadworthy and sold as spares.
when i spoke to them they said to take the car that they would take care of it. that they would deal with the warranty insurance as well but i might have to pay whatever comes in excess of the value they pay.

Mr Pies

8,860 posts

188 months

Friday 26th April 2013
quotequote all
Countdown said:
Can't understand why they sold you a warranty on a car not deemed roadworthy? confused
Glad I'm not the only one!

Meths

1,906 posts

137 months

Friday 26th April 2013
quotequote all
Did you not test-drive it before you committed and check the clutch?


one of the first things I do.

Migx

Original Poster:

791 posts

180 months

Friday 26th April 2013
quotequote all
Meths said:
Did you not test-drive it before you committed and check the clutch?


one of the first things I do.
biting point was a little bit high but it seemed acceptable. only when you floor it at 50 mph that it starts slipping.

Meths

1,906 posts

137 months

Friday 26th April 2013
quotequote all
I've got a feeling the warranty won't include the clutch as it's "wear and tear", just as they wouldn't warranty the tyres for going low on tread.

Still, they shouldn't be selling it as a "trade sale" to get out of fixing something. Did you get told that it was a trade sale after you parted with your cash?

All else fails, small claims court is your friend wink


Edit: Read through this: http://www.oft.gov.uk/shared_oft/reports/676408/of...

These are the regulations car dealers must adhere to.

Edited by Meths on Friday 26th April 22:32

Meths

1,906 posts

137 months

Friday 26th April 2013
quotequote all
Page 24-32 and page 36 of that pdf is of particular interest to yourself smile

Migx

Original Poster:

791 posts

180 months

Friday 26th April 2013
quotequote all
Meths said:
Page 24-32 and page 36 of that pdf is of particular interest to yourself smile
so he have to repair it free of charge and the non roadworthy sold as spares is just a useless waste of ink.
Thank you.
will let everyone know how it went.
tomorrow i am just dropping the car there and he said Monday they will look at it.

V8RX7

26,962 posts

264 months

Friday 26th April 2013
quotequote all
On a £3k car they are brave trying to remove your rights by writing it's unroadworthy.

To then sell you a warranty too is ridiculous.

It should be repaired for free.

If not call Trading Standards

jamoor

14,506 posts

216 months

Friday 26th April 2013
quotequote all
how long has it been and how many miles?

Migx

Original Poster:

791 posts

180 months

Friday 26th April 2013
quotequote all
jamoor said:
how long has it been and how many miles?
the car have 150960 miles. i have done about 500 miles with it.

jamoor

14,506 posts

216 months

Friday 26th April 2013
quotequote all
Migx said:
the car have 150960 miles. i have done about 500 miles with it.
Air leak I think you will be reasonable in complaining about it.

Clutch going on a 150k vehicle is pretty expected.

confused_buyer

6,659 posts

182 months

Saturday 27th April 2013
quotequote all
Migx said:
the car have 150960 miles. i have done about 500 miles with it.
Sorry, but I don't think you've got a hope in hell on the clutch. 17 year old car with 150k - it is bound to have lots of worn out bits - clutch included - which nothing will cover and are part and parcel of buying such a car.

confused_buyer

6,659 posts

182 months

Saturday 27th April 2013
quotequote all
V8RX7 said:
On a £3k car they are brave trying to remove your rights by writing it's unroadworthy.

To then sell you a warranty too is ridiculous.

It should be repaired for free.

If not call Trading Standards
And what are they going to do about it?

The most they might do is decide the dealer is guilty of unfair trading terms and prosecute. If they do, as a criminal matter it will go before a Magistrates Court. If found guilty they will impose a fine which - if paid - will go to HMG. This will not help the buyer except maybe giving them some sort of warm satisfaction of justice.

The issue of a repair is a civil matter - not criminal - between buyer and seller and the most Trading Standards will do is handout a leaflet.

aw51 121565

4,771 posts

234 months

Saturday 27th April 2013
quotequote all
Mr Pies said:
Countdown said:
Can't understand why they sold you a warranty on a car not deemed roadworthy? confused
Glad I'm not the only one!
Profit. Not that I'm a cynic or anything redface , but every little helps the cashflow. £3k for vehicle with "sold for spares or repair" (or similar) on the receipt is rather salty though, the dealer must have cojones visible from space hehe .