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Chat Area => General Discussion Area => Topic started by: JamesV6CDX on 07 February 2009, 16:31:20

Title: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 16:31:20
Firstly, I understand that buying a car is entirely a case of buyer beware, when done privately, and comeback is not acceptable.

I'm unsure what the position is when buying from a garage, though.

The query relates to my Peugeot 406. I paid top whack considering it's an R registered car (£1200). The car came with a 1000 mile or 1 month warranty, on engine, gearbox, and final drive items, provided by the dealer.

Within a week, the clutch had begun slipping when climbing hills. Within 6 days of purchase, I emailed the garage a very polite message, and asked them if they could sort something out for me.

I never recieved a reply to my messages, and the car is now "out of warranty".

Now as stated, if it was a private sale I wouldn't expect comeback, whether I was buyer or seller - but having bought it from a garage with a written warranty, do I have any recourse?

I'm not after anything unrealistic, but it would be good to at least have some assistance with getitng it repaired.

My gut feeling is that with a slipping clutch, the goods were "not fit for intended purpose" under the Trade desc. act ?

Just wondering, if you were in this position, what you'd do. I'm happy to leave it and put it down to experience, but equally it's not right for them to ignore my 2 emails.

Given they won't talk to me, I guess I'd have to persue formally, and I have no experience of that at all  :-/
Title: Re: Is it worth persuing?
Post by: waspy on 07 February 2009, 16:37:44
I would personally persue the matter. Why should you pay for the job when like you said "fit for purpose". I know you'll do the work yourself, but that's not the point. I would turn up with the car & face them, people can't avoid you when it face to face, but can ignore e-mails & phone calls.

Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 16:39:16
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I would turn up with the car & face them, people can't avoid you when it face to face, but can ignore e-mails & phone calls.

Tempting - but I didn't buy it too close from home, so it would be a big inconvenience, and involve significant travel costs and time off work  :(
Title: Re: Is it worth persuing?
Post by: waspy on 07 February 2009, 16:40:26
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I would turn up with the car & face them, people can't avoid you when it face to face, but can ignore e-mails & phone calls.

Tempting - but I didn't buy it too close from home, so it would be a big inconvenience, and involve significant travel costs and time off work  :(

Uhm, I see your point. Have you tried ringing them?
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 16:42:00
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I would turn up with the car & face them, people can't avoid you when it face to face, but can ignore e-mails & phone calls.

Tempting - but I didn't buy it too close from home, so it would be a big inconvenience, and involve significant travel costs and time off work  :(

Uhm, I see your point. Have you tried ringing them?

Twice. Just a "sorry we're rushed off our feet, we'll call you back"....
Title: Re: Is it worth persuing?
Post by: HolyCount on 07 February 2009, 16:44:59
I had a similar problem with a Ford Probe sometime back ( can't remember the exact prob, but something to do with the lights ) ... anyhow -- they too ignored me, so I got on to Trading Standards who kindly drafted me a polite letter, citing all sorts of regulations.... and it worked !!!!

Clutch might be a different animal though, possibly being considered to be a "consumable".

EDIT :  Only 1 month warranty is p*ss poor too !!!!
Title: Re: Is it worth persuing?
Post by: LaserLance on 07 February 2009, 16:45:36
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I would turn up with the car & face them, people can't avoid you when it face to face, but can ignore e-mails & phone calls.

Tempting - but I didn't buy it too close from home, so it would be a big inconvenience, and involve significant travel costs and time off work  :(

Uhm, I see your point. Have you tried ringing them?

Twice. Just a "sorry we're rushed off our feet, we'll call you back"....
go to citizens advice bureau or failing that trading standards and see what they say
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 16:46:38
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Clutch might be a different animal though, possibly being considered to be a "consumable".

Just a shame it's a consumable that requires the removal of the gearbox!!  ;D
Title: Re: Is it worth persuing?
Post by: waspy on 07 February 2009, 16:47:16
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I would turn up with the car & face them, people can't avoid you when it face to face, but can ignore e-mails & phone calls.

Tempting - but I didn't buy it too close from home, so it would be a big inconvenience, and involve significant travel costs and time off work  :(

Uhm, I see your point. Have you tried ringing them?

Twice. Just a "sorry we're rushed off our feet, we'll call you back"....

A classic example of kcuf off we don't wana know. Turn up with the car mate. I used to let bods get away with excuses, but now i don't stand for any bull from them. Even if means time off work, it's still the principle, they shouldn't be allowed to get away with it. People don't stand up for them selves enough.

Make a stand James :y :y :y :y
Title: Re: Is it worth persuing?
Post by: HolyCount on 07 February 2009, 16:48:29
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Clutch might be a different animal though, possibly being considered to be a "consumable".

Just a shame it's a consumable that requires the removal of the gearbox!!  ;D

Very true --- but the "fit for purpose" arguement can still run ---- if you spend that sort of money you can reasonably expect it to last a little longer !!!!!!
Title: Re: Is it worth persuing?
Post by: Big Bri on 07 February 2009, 16:49:43
I bought a used car a few years back when it rained the car was flooded in front passenger side I  took it back to the garage and they had car for few days and they fixed it so I think you should phone them and see what they say they should repair it even if the warranty has ran out now you did inform them before hand  
Title: Re: Is it worth persuing?
Post by: Field Marshal Dr. Opti on 07 February 2009, 16:50:30
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I had a similar problem with a Ford Probe sometime back ( can't remember the exact prob, but something to do with the lights ) ... anyhow -- they too ignored me, so I got on to Trading Standards who kindly drafted me a polite letter, citing all sorts of regulations.... and it worked !!!!

Clutch might be a different animal though, possibly being considered to be a "consumable".


You Can also try the CAB......It's free so nothing to lose. :y

One other thought..........Do you have a number of "large friends".....who may be able to "persuade" this reprobate as to the error of his ways. :y :y
Title: Re: Is it worth persuing?
Post by: Field Marshal Dr. Opti on 07 February 2009, 16:56:01
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Firstly, I understand that buying a car is entirely a case of buyer beware, when done privately, and comeback is not acceptable.

I'm unsure what the position is when buying from a garage, though.

The query relates to my Peugeot 406. I paid top whack considering it's an R registered car (£1200). The car came with a 1000 mile or 1 month warranty, on engine, gearbox, and final drive items, provided by the dealer.

Within a week, the clutch had begun slipping when climbing hills. Within 6 days of purchase, I emailed the garage a very polite message, and asked them if they could sort something out for me.

I never recieved a reply to my messages, and the car is now "out of warranty".

Now as stated, if it was a private sale I wouldn't expect comeback, whether I was buyer or seller - but having bought it from a garage with a written warranty, do I have any recourse?

I'm not after anything unrealistic, but it would be good to at least have some assistance with getitng it repaired.

My gut feeling is that with a slipping clutch, the goods were "not fit for intended purpose" under the Trade desc. act ?

Just wondering, if you were in this position, what you'd do. I'm happy to leave it and put it down to experience, but equally it's not right for them to ignore my 2 emails.

Given they won't talk to me, I guess I'd have to persue formally, and I have no experience of that at all  :-/

True.....but you would not have paid £1200 either.......I think that you have a case. :y
Title: Re: Is it worth persuing?
Post by: Vamps on 07 February 2009, 17:01:10
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Firstly, I understand that buying a car is entirely a case of buyer beware, when done privately, and comeback is not acceptable.

I'm unsure what the position is when buying from a garage, though.

The query relates to my Peugeot 406. I paid top whack considering it's an R registered car (£1200). The car came with a 1000 mile or 1 month warranty, on engine, gearbox, and final drive items, provided by the dealer.

Within a week, the clutch had begun slipping when climbing hills. Within 6 days of purchase, I emailed the garage a very polite message, and asked them if they could sort something out for me.

I never recieved a reply to my messages, and the car is now "out of warranty".

Now as stated, if it was a private sale I wouldn't expect comeback, whether I was buyer or seller - but having bought it from a garage with a written warranty, do I have any recourse?

I'm not after anything unrealistic, but it would be good to at least have some assistance with getitng it repaired.

My gut feeling is that with a slipping clutch, the goods were "not fit for intended purpose" under the Trade desc. act ?

Just wondering, if you were in this position, what you'd do. I'm happy to leave it and put it down to experience, but equally it's not right for them to ignore my 2 emails.

Given they won't talk to me, I guess I'd have to persue formally, and I have no experience of that at all  :-/

True.....but you would not have paid £1200 either.......I think that you have a case. :y


Sorry, but I don't think you have. The clutch will not be covered covered by any guarantee, so assuming it was working fine when you collected the car the 'fit for purpose' argument can't be used. imho, sorry.
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 17:04:22
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Firstly, I understand that buying a car is entirely a case of buyer beware, when done privately, and comeback is not acceptable.

I'm unsure what the position is when buying from a garage, though.

The query relates to my Peugeot 406. I paid top whack considering it's an R registered car (£1200). The car came with a 1000 mile or 1 month warranty, on engine, gearbox, and final drive items, provided by the dealer.

Within a week, the clutch had begun slipping when climbing hills. Within 6 days of purchase, I emailed the garage a very polite message, and asked them if they could sort something out for me.

I never recieved a reply to my messages, and the car is now "out of warranty".

Now as stated, if it was a private sale I wouldn't expect comeback, whether I was buyer or seller - but having bought it from a garage with a written warranty, do I have any recourse?

I'm not after anything unrealistic, but it would be good to at least have some assistance with getitng it repaired.

My gut feeling is that with a slipping clutch, the goods were "not fit for intended purpose" under the Trade desc. act ?

Just wondering, if you were in this position, what you'd do. I'm happy to leave it and put it down to experience, but equally it's not right for them to ignore my 2 emails.

Given they won't talk to me, I guess I'd have to persue formally, and I have no experience of that at all  :-/

True.....but you would not have paid £1200 either.......I think that you have a case. :y


Sorry, but I don't think you have. The clutch will not be covered covered by any guarantee, so assuming it was working fine when you collected the car the 'fit for purpose' argument can't be used. imho, sorry.

Don't be sorry - this is why I'm asking - to get opinions :y
Title: Re: Is it worth persuing?
Post by: pscocoa on 07 February 2009, 17:11:04
The problem I think now is that it is outside the warranty period and they have not acknowleged your emails as far as I can tell from your posting and may deny having received your complaint. I would have written to them within the warranty period and sent by recorded post or something if it was close to warranty expiry.

You inidcate that it is not too conveneient to go back and I am pretty sure they would say to bring it back and then point out that the clutch is not covered by the warranty. The real issue is what representrations they made to you about the car. Trouble is that you probably drove the car before buying and clutch was fine so they will use this argument. I would work out how much it is going to cost you and force a discussion with them. If you are realistic they may come to a compromise - if they think they will get clobbered with the whole cost then they will fight it all the way.

So 1. get your estimated costs for a garage repair which you discuss with them and 2. If you are going to fix yourself then what it will cost you including a modest amount for your time. 3. Get back on the phone to discuss the costs and if they are difficult then write poinitnig out that they misrepresented the vehicle as being in good condition, Trading standards etc.
Without knowing what representations were made to you it is difficlut to give a better answer - but if you give then a chance to contribute a reasonable sum to the problem it may be a way out for everyone.
Title: Re: Is it worth persuing?
Post by: iainb on 07 February 2009, 17:13:25
James consumables like brakes and clutches are in most cases never coverd by extended warranties and reading your opening statement I guess the seller knew that there was a problem with the clutch. Hence no replies to your email etc.
  I think that is one case that you should chalk up to experience and move on.
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 17:16:51
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James consumables like brakes and clutches are in most cases never coverd by extended warranties and reading your opening statement I guess the seller knew that there was a problem with the clutch. Hence no replies to your email etc.
  I think that is one case that you should chalk up to experience and move on.
 

Must be honest, this is my gut feeling on how to proceed too.

The real annoying part is the weather, if it was the summer I'd have rolled up my sleeves and done it by now :D
Title: Re: Is it worth persuing?
Post by: Field Marshal Dr. Opti on 07 February 2009, 17:19:46
I have always paid for all my cars .............with a private sale.....they are a whole lot cheaper than these "so called" daelers.....who offer a guarantee......that is in effect worthless.

R reg Pug about £600......in a private sale ...........the dealer is likely to have got it either as a trade in (which he probably paid about £300 for)......or picked up at the local auction.

Dealers are not called Stealers for nothing james.
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 17:32:48
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I have always paid for all my cars .............with a private sale.....they are a whole lot cheaper than these "so called" daelers.....who offer a guarantee......that is in effect worthless.

R reg Pug about £600......in a private sale ...........the dealer is likely to have got it either as a trade in (which he probably paid about £300 for)......or picked up at the local auction.

Dealers are not called Stealers for nothing james.

Yup I agree... it was one of those situations when I needed an economical practical car quickly... I wish I hadn't bought it now  :'(
Title: Re: Is it worth persuing?
Post by: Lazydocker on 07 February 2009, 17:37:05
TBH James I'd just bite the bullet... I know it's frustrating and had you pursued it more strongly when the problem first arose (after 6 days!) you may have had a case but unfortunately email is not proof of contact. You'd be in a better position if you had written and sent it recorded ::) ::)

As it stands... Just stick another clutch in and chalk it up as a bad experience. It'll be quicker and easier :y :y :y
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 17:38:08
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As it stands... Just stick another clutch in and chalk it up as a bad experience. It'll be quicker and easier :y :y :y

It would be quicker or easier - if the weather wasn't so cold and cack, or if I had a facility to do so  :'(
Title: Re: Is it worth persuing?
Post by: Lazydocker on 07 February 2009, 17:39:08
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As it stands... Just stick another clutch in and chalk it up as a bad experience. It'll be quicker and easier :y :y :y

It would be quicker or easier - if the weather wasn't so cold and cack, or if I had a facility to do so  :'(

Don't be such a wimp ;) ;) :D :D
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 17:41:30
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As it stands... Just stick another clutch in and chalk it up as a bad experience. It'll be quicker and easier :y :y :y

It would be quicker or easier - if the weather wasn't so cold and cack, or if I had a facility to do so  :'(

Don't be such a wimp ;) ;) :D :D

Shaddap - you're as bad as TB  ;D
Title: Re: Is it worth persuing?
Post by: Lazydocker on 07 February 2009, 17:43:06
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As it stands... Just stick another clutch in and chalk it up as a bad experience. It'll be quicker and easier :y :y :y

It would be quicker or easier - if the weather wasn't so cold and cack, or if I had a facility to do so  :'(

Don't be such a wimp ;) ;) :D :D

Shaddap - you're as bad as TB  ;D

Must confess I need to fit new rear shocks and springs... Been putting that off for a week or so ::) ::)
Title: Re: Is it worth persuing?
Post by: tunnie on 07 February 2009, 17:43:42
don't think you got a leg to stand on here, as G mentions its clutch so will be down to standard ware and tare, its not as if the gearbox broke or something like that.

On another note.... £1.2k for a R plate 406!?  :o

Get yourself back in an Omega!  :y

Title: Re: Is it worth persuing?
Post by: Vamps on 07 February 2009, 17:47:48
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don't think you got a leg to stand on here, as G mentions its clutch so will be down to standard ware and tare, its not as if the gearbox broke or something like that.

On another note.... £1.2k for a R plate 406!?  :o

Get yourself back in an Omega!  :y


Yep, yu could get 3 or 4 Migs for that money.... ;D ;D ;D
Title: Re: Is it worth persuing?
Post by: amigov6 on 07 February 2009, 17:52:08
I note some folk said the clutch is a consumable part but it failed within the 1 month period. I'd pester them till they got sick me, (we're both tenacious enough to do that) til' they pay a nearer garage to do it or send you an agreed amount to do it yourself. I'm lucky enough to have a brother who'se a debt recovery solicitor, the threat of legal action knocks some folk into touch, you can tell them you have a solicitor in the family even if you hav'nt. Local press is another route to try. On a quiet news week they'll print anything to fill the pages & the dealer won't want the adverse publicity.
   Let 'em have it! >:(
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 07 February 2009, 17:57:15
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Get yourself back in an Omega!  :y


The only way that's happening, is if I can pick up a presentable 3.2 Manual Estate with sub 130k miles...


Title: Re: Is it worth persuing?
Post by: ScottieMV6 on 07 February 2009, 18:43:17
I once bought a ford probe  :-[ from a trader in Leeds. I got about 20 miles on the way home on the M62 and the engine seized. Stupidly I got the AA to tow me home rather than back to the garage.

I phoned the trader many times and sent numerous letters but to no avail. I was told the only way to pursue it was to go through small claims.

In the end I decided it wasn't worth the hassle of going to court for them to say the guy had to pay me back at £1 per week. I scrapped the car and put it down to experience!

Unless you are willing to pursue it all the way then I would say not worht pursuing.
Title: Re: Is it worth persuing?
Post by: tunnie on 07 February 2009, 18:54:29
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Get yourself back in an Omega!  :y


The only way that's happening, is if I can pick up a presentable 3.2 Manual Estate with sub 130k miles...



Try WOCA then, they have x-plod cars go through, might get lucky with a late plate Omega
Title: Re: Is it worth persuing?
Post by: pscocoa on 07 February 2009, 19:32:53
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I note some folk said the clutch is a consumable part but it failed within the 1 month period. I'd pester them till they got sick me, (we're both tenacious enough to do that) til' they pay a nearer garage to do it or send you an agreed amount to do it yourself. I'm lucky enough to have a brother who'se a debt recovery solicitor, the threat of legal action knocks some folk into touch, you can tell them you have a solicitor in the family even if you hav'nt. Local press is another route to try. On a quiet news week they'll print anything to fill the pages & the dealer won't want the adverse publicity.
   Let 'em have it! >:(

I agree - the £1200 reflects you were buying a car in top order for its year. They could contribute something
Title: Re: Is it worth persuing?
Post by: Taxi_Driver on 07 February 2009, 20:42:47
Personally, what id try James......is get the clutch fixed, either by yourself or a garage, if you dont fancy it.
Keep the bill, and when convenient to yourself, but dont leave it too long......present yourself to the garage with the bill of parts/etc and the emails you sent them....and politely ask if they wouldnt mind covering some of the cost.

Its worked for me before.....even when the garage had its own workshop.....look at getting 50% of it paid by the garage a bonus  :y
A reasonable garage owner will probably take the view.....you've fixed it....so he doesnt have to....and to make you go away...a bit of folding is the easy way out......plus if he's bright he will probably ask you for the reciept....as he can claim the VAT back as well.

If he doesnt want to part with folding, then look at your alternatives........
Title: Re: Is it worth persuing?
Post by: Welung666 on 07 February 2009, 20:51:26
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Get yourself back in an Omega!  :y


The only way that's happening, is if I can pick up a presentable 3.2 Manual Estate with sub 130k miles...



Try WOCA then, they have x-plod cars go through, might get lucky with a late plate Omega

There's a place not far from me that sells nothing but ex-plod, he's got loads of Astra's and T5's and an absolutely stunning estate. I'll get you details of the car and seller if you like :y
Title: Re: Is it worth persuing?
Post by: hotel21 on 07 February 2009, 23:05:04
The clutch plates are considered a consumable by 99.999% of warranty companys, just like tyres or brake pads.  Caveat Emptor still applies, even in a trade sale.  

Personally, I wouldn't bother but its your time....   :y
Title: Re: Is it worth persuing?
Post by: Bob S on 08 February 2009, 09:04:57
Just to add an alternative fuel to the fire, I bought my son a KTM moto crosser the clutch was slipping, spoke the the shop owner's words "we don't sell second rate machines." Took it in and he repaired it no cost and no problem! While you can argue about warranties I think its down to who you deal with and these people you are dealing with don't appear to fall into the caring service brigade (all to prevalent these days as customer care and service these days are a joke). As a final act of defiance write to them enclosing a stamped addressed envelope so they don't have to incurr any further cost and see what happens. If nothing close the door and move on.
Good Luck
Title: Re: Is it worth persuing?
Post by: Marks DTM Calib on 08 February 2009, 09:40:16
Sounds typical....the 1 month warranty probably has further clauses e.g upto a max of 200 quid, or parts only.....they are not worth the paper they are written on.

As for paying 1200 quid for 12 year Peugeot.....what can I say!

Its buyer beware and lets be honest, the garage will have made not much on it so wont want to do any further work on it

Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 08 February 2009, 12:23:16
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The clutch plates are considered a consumable by 99.999% of warranty companys, just like tyres or brake pads.  Caveat Emptor still applies, even in a trade sale.  

Personally, I wouldn't bother but its your time....   :y

I think you're right - time would probably be better spent hauling the lump out :y
Title: Re: Is it worth persuing?
Post by: JamesV6CDX on 08 February 2009, 12:24:40
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As for paying 1200 quid for 12 year Peugeot.....what can I say!

I agree it's a little over the odds, but it's low mileage and I'll soon make it back in fuel savings, 50+mpg....

Title: Re: Is it worth persuing?
Post by: Marks DTM Calib on 08 February 2009, 14:44:16
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As for paying 1200 quid for 12 year Peugeot.....what can I say!

I agree it's a little over the odds, but it's low mileage and I'll soon make it back in fuel savings, 50+mpg....

Yes, its very over the odds and the mpg is irrelivant becuase if you had to sell it tomorrow then your in the red!