HELP please

[jay71]

Picked a S40 up on thursday, today something has happened to the clutch, pos clutch release bearing/slave cylinder, ive not even driven it 100 miles yet ! Does anybody think i could try 'the sales of goods act' ? as i wasnt given a warrenty as it was a part ex to clear !
Any thoughts on this please ................

[t5_monkey]

Picked a S40 up on thursday, today something has happened to the clutch, pos clutch release bearing/slave cylinder, ive not even driven it 100 miles yet ! Does anybody think i could try 'the sales of goods act' ? as i wasnt given a warrenty as it was a part ex to clear !
Any thoughts on this please ................

report the fault immediately.

the answer is yes, you have rights, it should be put right by the garage.

Tell them you noticed the fault from when you drove it away, but have been too busy to report it until now.

They will probably try it on but you'll get it fixed if you're persistent.

[M-R-P]

If you got it from a dealer, regardless of the circumstance, they are legally obliged to give a warranty, and yes, your situation will be covered, like Mr. Monkey said, they will try it on but you have the upper hand. Don't be afraid to make a fuss.
Good luck mate.

[jay71]

Thanks

[jay71]

Well ive emailed the dealer this morning , no reply as yet , i also got a quote for the work needed , not much short of £1300.00 , gearbox out job , not happy :-(

[t5_monkey]

TAKE IT BACK!!!!

dump it on their forecourt if you have to - they will try to refuse you returning it, leave the keys and run out if you have to - then they will HAVE to give you a refund.

They will flannel you - have none of it, at the very least you deserve a repair and your within your rights to reject the car.

If you can't reach them by phone just take it back and park it at their garage so it's physically on their property.

[jay71]

I have also heard from consumer rights and they think i have a case under :not fit for purpose and didnt last a reasonable length of time , they sent me a draught letter requesting repair or refund, which i need to send recordered delivery , will do that tomorrow . If no joy after that i can get credit card company involved under section 75 , then legal action , can see it dragging on though and i got no transport now .

[Porcine_Aviator]

You were not sold a car that was fit for purpose, if you have driven it for less than 100 miles it makes it even worse. Write them a letter and point out that they are in breach of contract under the Sale of Goods Act. Keep a copy for yourself and send it signed for.

The e-mail is a first step, you could phone them and very calmly point out that you have not been able to drive the car and as such it's their responsibility to make sure the vehicle is fit for purpose. Ask them to pick it up and take it in to the garage, and if they refuse it will give you an idea as to how they are going to react.

A good seller will try and sort the problem out before any action is taken by their customer.

So be nice at first and then escalate it.

All the best with it.

[jay71]

Quick update. I was left a message saying not to worry they will sort it ( whatever that means ) i have to phone on monday for more details .

[jay71]

Latest update , dealer is sending a transporter to pick the car up and repair it .
Thanks for your feedback .

[M-R-P]

Sounds like all will be sorted :) good news. Seeking advice on matters like this is always a good idea, then you can start proceedings sounding like you know what you're doing. Makes the seller less likely to try and fob you off.
:thewave: YAY FOR FORUMS :thewave:

[jay71]

Latest news, they picked it up a week ago, told me they would order parts and get them overnight , hadnt heard anything by friday , to i emailed , they told me car was still being worked on and i should have it monday afternoon (today) heard nothing so i emailed them again , its taking longer than expected , looking like tomorrow afternoon now dont get me wrong , im lucky they are doing it .
Thing is ive had no car now for 2 weeks , they have no courtesy cars available and their feedback from a main dealer isnt great .
Sorry , rant over ! (for now)

[jay71]

Got my car back today , had a look at the internal invoice:
clutch assembly replacement
clutch
contr
drive
trans
brake fluid

thats all thats listed