Bought a car - issues after 40 miles!!....

Discussion in 'General Discussion' started by M3POWERBOY, Apr 2, 2019.

  1. 2 Apr 2019 at 5:18 PM #1
    M3POWERBOY

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    So Thursday just gone I bought a new daily from a local car dealer- it’s a 2011 VW Passat Estate 2.0TDi Bluemotion - lovely car suits my needs etc

    Took the car for a 10 mile test drive all seemed ok

    Purchased the car (paid £4375)

    On collecting the car I was heading to my parents near Bournemouth for a long weekend as soon as I’d collected it......

    Within 40 miles the EML had come on- car drove fine

    Got to Salisbury (46 miles into my drive!) and hit a bit of dual carriageway and realised the clutch was slipping!

    By the time I’d got to my parents it was 9.30pm

    Next day I rang the dealer explained everything he was apologetic He asked if the car drove fine until I got home so they could have a look at it, I said yes

    Got back spoke to him- we agreed I would drop the car off today as I needed a Courtesy Car whilst the work was being done

    Whilst waiting to take the car in at home I plugged the car into my code reader and the EGR valve came back as the cause of the EML (I didn’t remove the error code)

    So dropped the car off- he’s said it sounds like the clutch and it’ll probably need the DMF doing aswell

    Also they will look at the EML (I haven’t said I know what it is etc!)

    I’m then sat there thinking they are going to pay for this????! - so I ask him- he says clutches and DMF ‘s aren’t normally covered by the warranty but let them have a look and they will get back to me!!

    He also said I let them know straight away about the issues and I’ve been patient waiting for a slot etc - he’ll have a word with his boss!

    The car clearly wasn’t fit for purpose when I bought it (clutch!)

    If they charge me it’s looking like I’ll be taking them to court (I don’t want to hand the car back as it’s very nice etc)

    What would you do/Say

    Cheers all
     
  2. 2 Apr 2019 at 5:58 PM #2
    Boxa

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    The clutch etc might not be covered by the warranty HE purchased to cover his arse against the consumer right act, but that’s not your problem, he is liable.

    My gut feeling regardless of how good the car might be, is to reject it. If he doesn’t play ball just take it legal. My bet is he’ll refund the money the minute he gets a court threat.

    If you get it fixed it’ll be a ball ache dealing with them if that’s his attitude already.
     
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  3. 2 Apr 2019 at 5:59 PM #3
    Gary Smith

    Gary Smith A mere Chipper

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    The fact you had a test drive and all was OK, throws a spanner in the works in my opinion. In would say a partial contribution for the repairs would be a fair outcome. Was there any warranty from the dealer at the point of sale?

    EDIT - as for warranty, clutches are consumables. The EGR on the other hand ought to be working.
     
  4. 2 Apr 2019 at 6:00 PM #4
    SmokeyBear

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    If the worst came to the worst you could offer him £100, you do now have a car with a new clutch and flywheel.

    I'd probably try to get him to cover it though. He's got to take the good with the bad. You can be sure that when he has a good day he doesn't give money back to customers.
     
  5. 2 Apr 2019 at 6:05 PM #5
    M3POWERBOY

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    The car has just gone on for the work

    If the DMF is being done worst case I’d happily pay for that

    The car is a keeper/ with it all done it should be hassle free for a fair bit
     
  6. 2 Apr 2019 at 6:41 PM #6
    Boxa

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    Wrong on both points. Regardless of test driving it or even putting it through an inspection, if the car is sold with a fault you’ve the right to reject it and be refunded within the first 30 days.

    While clutches might be consumables, if the clutch was 40 miles away from failing then the car wasn’t fit for purpose.
     
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  7. 2 Apr 2019 at 6:47 PM #7
    M3POWERBOY

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    That’s what I’m thinking
    Unfit for purpose!
     
  8. 2 Apr 2019 at 7:58 PM #8
    Buttertubs

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    I bought a mondeo a few years ago and noticed on the way home that the clutch was rattling (DMF).

    Told the dealer (small independent dealer) and he took the car for repair and gave me a courtesy car too. Hopefully you get the same treatment.
     
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  9. 2 Apr 2019 at 8:03 PM #9
    M3POWERBOY

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    Hope so?! If it was 2 months later and 4000 miles etc then fair enough

    But 46 miles and a EML and clutch slip fault isn’t good?!
     
  10. 2 Apr 2019 at 8:03 PM #10
    M3POWERBOY

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    If I’m charged I’ll be looking at court action!
     
  11. 2 Apr 2019 at 8:03 PM #11
    Parsley

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    Like Fxxk would I be paying a damn penny to get it fixed. 40mls and you have probs. Dealers problem not yours. They should have prepped/checked it properly before sale.
     
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  12. 2 Apr 2019 at 8:19 PM #12
    M3POWERBOY

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    The thing is after I collected the car I’d worked a 10hr shift and driven 2 hrs

    As I left to go to my parents I’d been up for 15hrs and was tired

    I took it so steady on the way down the clutch probably would’ve slipped after 10-15 miles if I was ok etc!

    It was clearly worn (saying that they had the car for 5 days after I agreed to buy it to MOT it and do a service/cambelt)
    They could’ve ragged it in that time??!!
     
  13. 2 Apr 2019 at 8:57 PM #13
    FulEnglish

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    This.

    The onus is on the dealer to prove the fault wasn't present with the vehicle at the point of sale. Given the average clutch should last more than 40 miles then he is obliged to fix the car as it is not fit for purpose.
     
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  14. 2 Apr 2019 at 9:32 PM #14
    Autobahner

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    Dealer hasn’t a leg to stand on. He pays or you reject. Simple
     
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  15. 2 Apr 2019 at 10:08 PM #15
    Boxa

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    I wouldn’t even be asking them to repair it. If their taking that stance now they’ll likely be a nightmare to work with. Who knows what the fix will be, an old clutch from a breaker down the road maybe?

    You’ll be seen as a pain in the arse and provided with the most cost effective fix they can lay their hands on, and it’ll be on the back of your mind all the time. Return it and let it become someone else’s problem sounds harsh, but that’s what I would do now.
     
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  16. 2 Apr 2019 at 10:18 PM #16
    stuartk

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    Car returned and refund. Kill two birds with one stone. You don't have to subject yourself to a Passat and give back a dud.
     
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  17. 3 Apr 2019 at 9:51 AM #17
    Gary Smith

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    So the car was sold after a test drive and there was no fault present. The car was not rejected by the buyer and was accepted as fit for purpose.
    I do think the dealer here will do the right thing, but I don't think it is as cut and dried as people make out. Has the car been parked up since the 40 miles have ran up or, did OP carry out more mileage.
    It's a bit like buying a car with worn brake pads and then running back to complain about them.
    Also, the mileage on the car will play a part. So is it probable that a clutch will need replacing at XXX miles. If so, the buyer would have been aware and bought anyway, or is it on each dealer then to replace each and every clutch at XXX miles as they are liable.

    OP - does it say what items are or are not covered under the warranty.
    I am just playing Devil's advocate here, don't flame me!
     
  18. 3 Apr 2019 at 10:13 AM #18
    harrypevo

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    The clutch wasn't slipping on the test drive, or for the first 40 miles, therefore the fault wasn't present at the time of purchase or he wouldn't have bought it.

    A clutch is worn as soon as you drive it off the ramp, how much wear it has is impossible to tell unless you take the gearbox off to measure it, which no used car garage is ever going to do!

    I would think you would easily win a case under fit for purpose, as 40 miles is not a reasonable distance for a £4K purchase to last.

    The dealer will just bung a cheap pattern part clutch in to save face and get it out of their warranty period and save having a battle. I very much doubt they will pay the extra £300 or so to do the dmf while they are there ( which any sensible owner would do to save labour charges while it's in bits for the clutch )
     
  19. 3 Apr 2019 at 10:59 AM #19
    M3POWERBOY

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    Viewed and test drove the car on the Saturday- and agreed to buy it

    Collected the car on the Thursday night and paid for it

    The car had been driven to a MOT station and to a garage for a service/cambelt/pads/bulbs etc

    Collected car- drove straight down to Bournemouth after collection (slowly as was tired and was late) got to a bit of dual carriageway accelerated and the revs rose faster than the speed etc

    Just before that the EML had come on etc

    Got to my parents 84 miles

    Next day spoke to garage- he asked if the car was driveable etc I said it’s running fine apart from the slipping clutch
    He said to ring when we got back and he would sort it

    Spoke to him on the Monday morning

    He said as I needed a courtesy car to bring it in on the following Tuesday (yesterday)

    I’ve no paperwork regarding the warranty!
     
  20. 4 Apr 2019 at 3:26 PM #20
    CT1

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    "If you buy a new or used car from a dealer and experience problems with it, you have some statutory rights under the Consumer Rights Act 2015.

    The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)

    You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases."

    https://www.moneyadviceservice.org.uk/en/articles/your-rights-if-something-is-wrong-with-your-car

    See the quote from the above link. You can reject it up to 30 days and beyond but gets more complicated. I would reject it as the car is not as good as it seems. Go and find another one clutch failing in 4 days clearly the clutch was buggered as they usually last several years/100k miles not 46 miles lol.
    As previously said they will do the cheapest repair they can just to get rid of you, it would be better off ditching it and go find another one, always plenty of passats for sale.
     

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