New clutch needed ... after 3 weeks! Advice needed.
New clutch needed ... after 3 weeks! Advice needed.
Author
Discussion

Riyazc

Original Poster:

1,091 posts

271 months

Tuesday 8th July 2014
quotequote all
As some of u may have read on my other posts, i recently got the car i dreamed off - a 996 turbo.

Anyway.... prior to purchase i did a pre inspection check as advised on the forum and they found a few bits inc a broken turbo actuator.

Took the car back to the specialist today to get a few bits done that the dealer agreed (some missing bolts). On the way there clutch started to slip, and specialist confirmed that clutch is on the way out!!

They said that when they road tested car with 1 actuator working, clutch was fine. But when dealer fixed other one the clutch couldn't handle the power of the car. I also called another specialist in case this one was fobbing me off, and they confirmed that this was very likely and the clutch issue would only have presented itself when both turbos were working.

So now my issue is i have a car which needs a new clutch 3 weeks after buying it- at a cost of £1300! Car has a 12 month RAC warranty on it -but doubt clutch will be covered.

Do i have any recourse to the dealer (independent luxury car dealer)? Had the dealer fixed the car at the specialist they would have spotted the clutch slippage on the road test.

Also i paid £2k deposit on my amex - so thinking of seeing is the section 75 route is open to me.

Any advice gratefully received before i call dealer tomorrow±±

Isysman

319 posts

165 months

Tuesday 8th July 2014
quotequote all
You must have got a warranty from the dealer? At least a 4 week one. Call them ASAP and tell them what happened. The more you delay the harder it will be for them to take responsibility.

edo

16,699 posts

294 months

Tuesday 8th July 2014
quotequote all
That's a proper PITA.

To be honest it could go either way. On one hand it is a perishable item, on the other hand, having just bought the car, you'd hope to get more than 3 weeks out of it.

How many miles has it done in total, and how many have you done since you bought it?

I'd be asking the supplying dealer for a very significant contribution at the very least. Try to keep it amicable.

Not hugely relevant, but age/spec/miles/price of the car?

edo

16,699 posts

294 months

Tuesday 8th July 2014
quotequote all
Isysman said:
You must have got a warranty from the dealer? At least a 4 week one. Call them ASAP and tell them what happened. The more you delay the harder it will be for them to take responsibility.
No warranty will cover a wear and tear item like a clutch.

Riyazc

Original Poster:

1,091 posts

271 months

Tuesday 8th July 2014
quotequote all
I've done 2k in 3 weeks (used it for work) - car has just over 54k on it.

Car is a 2004 996 turbo x50.

I'll def try the amicable route on this one as u catch more flies with honey than vinegar. Will be calling them tomorrow.

Prices for new clutch seem high tho.... £1350ish .... OPC wanted £2200!!

anonymous-user

83 months

Tuesday 8th July 2014
quotequote all
Riyazc said:
I've done 2k in 3 weeks (used it for work) - car has just over 54k on it.

Car is a 2004 996 turbo x50.

I'll def try the amicable route on this one as u catch more flies with honey than vinegar. Will be calling them tomorrow.

Prices for new clutch seem high tho.... £1350ish .... OPC wanted £2200!!


THIS WAS FOR A 997 TURBO A FEW YEARS AGO

rog007

5,829 posts

253 months

Tuesday 8th July 2014
quotequote all
This is not about warranty; it's about your statutory rights to purchase something that is fit for purpose. Google sale of goods act and discuss this with the dealer. If they fail to respond in an appropriate manner that you find helpful, lodge a formal complaint with them, your credit card, local trading standards and the SMMT. I don't think you'll have much trouble. Good luck!

See http://sogahub.tradingstandards.gov.uk

Riyazc

Original Poster:

1,091 posts

271 months

Tuesday 8th July 2014
quotequote all
Thanks rog007!

I was thinking the fit for purpose thing.

I'll call dealer.. have a reasoned chat, if he does nothing then ill tell him I'm going to lodge a complaint re sale of goods act and fit for purpose.

Will also speak to credit card company re section 75.

Whats SMMT btw?

POORCARDEALER

8,663 posts

270 months

Tuesday 8th July 2014
quotequote all

Dont expect any worthwhile help from Trading Standards these days, they are utterly useless

williaa68

1,540 posts

195 months

Tuesday 8th July 2014
quotequote all
Also if it is an Amex charge card (ie you have to pay it off every month, old school) then you don't have s75 rights.....

Riyazc

Original Poster:

1,091 posts

271 months

Tuesday 8th July 2014
quotequote all
Its an amex credit card - not a charge card.

BUT... thats a very important distinction.

edo

16,699 posts

294 months

Tuesday 8th July 2014
quotequote all
rog007 said:
This is not about warranty; it's about your statutory rights to purchase something that is fit for purpose. Google sale of goods act and discuss this with the dealer. If they fail to respond in an appropriate manner that you find helpful, lodge a formal complaint with them, your credit card, local trading standards and the SMMT. I don't think you'll have much trouble. Good luck!

See http://sogahub.tradingstandards.gov.uk
I think this gives a false picture of the situation. Be interested to see what some indi dealers think, but I dont think it is so cut and dry after 2,000 miles. Dont get me wrong, I hope they sort you out, but I dont think they have to pay for it all - you need to consider betterment as well.

Riyazc

Original Poster:

1,091 posts

271 months

Tuesday 8th July 2014
quotequote all
Personally... i they offer to cover half id think that would be a fair outcome.

POORCARDEALER

8,663 posts

270 months

Tuesday 8th July 2014
quotequote all
edo said:
rog007 said:
This is not about warranty; it's about your statutory rights to purchase something that is fit for purpose. Google sale of goods act and discuss this with the dealer. If they fail to respond in an appropriate manner that you find helpful, lodge a formal complaint with them, your credit card, local trading standards and the SMMT. I don't think you'll have much trouble. Good luck!

See http://sogahub.tradingstandards.gov.uk
I think this gives a false picture of the situation. Be interested to see what some indi dealers think, but I dont think it is so cut and dry after 2,000 miles. Dont get me wrong, I hope they sort you out, but I dont think they have to pay for it all - you need to consider betterment as well.
The dealer "may" ask for contribution quoting betterment, on the other hand the dealer may hardball and offer zilch.

I think if it was me I would as a customer be willing to accept 50/50, and thats probably what a court would agree to be fair and reasonable (although its not cast in stone)

Riyazc

Original Poster:

1,091 posts

271 months

Tuesday 8th July 2014
quotequote all
Way i see it... currently i have nothing to lose, and everything to gain by pursuing every avenue.

marky911

4,433 posts

248 months

Tuesday 8th July 2014
quotequote all
Riyazc said:
Personally... i they offer to cover half id think that would be a fair outcome.
Sorry to hear of your troubles but you seem level headed and your comment above is a fair view I think. It just depends on whether the dealer is the type to dent their profits a touch to gain/keep a good reputation or if they're the type who don't really care once they have your cash.
I'm sure you'll find out tomorrow. Good luck.

edo

16,699 posts

294 months

Tuesday 8th July 2014
quotequote all
Riyazc said:
Way i see it... currently i have nothing to lose, and everything to gain by pursuing every avenue.
Agreed. Good luck and keep us posted.

L200animal

54 posts

183 months

Wednesday 9th July 2014
quotequote all
My view, I am a lawyer by trade, is that the dealer is responsible. If the 2nd turbo had been working when you tested the car the clutch would quite likely have slipped. the dealer has a duty to sell you a car that is fit for purpose. He didn't. I would tell him to fix it or you will reject the goods and require your money back.
I am not sure I would ever recommend litigation but faced with this approach if he doesn't agree the should be prepared to do a deal to avoid court

Riyazc

Original Poster:

1,091 posts

271 months

Wednesday 9th July 2014
quotequote all
Thanks very much for taking the time out to post that - really very helpful.

Tried to speak to the dealer today, he said he would call me back as he was with someone - fair enough.

Will update the thread

Johnniem

2,753 posts

252 months

Thursday 10th July 2014
quotequote all
I am no lawyer (there is one lurking here tho'!) and my first thought was the sale of goods act (1974 I believe) and the fact that the car, whichever way you look at it, was 'not of merchantable quality'. Simple as. The dealer cannot even hide behind a warranty time limit. Had all been working as it should (turbo-wise) then the clutch problem would have shown itself and the clutch would have had to be replaced. If the dealer doesn't do the right thing I would PM the solicitor that posted above here.

Good luck fella.

PS: I now see that someone has already mentioned this so apologies for the echo! As you were......