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Thread: Rights when dealer being difficult?

  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Rights when dealer being difficult?

    Hi

    I'm looking for some advice please.
    I bought a Kia Sportage in July 2012 from CarMotion in Mexborough South Yorkshire. 2 days after purchasing the vehicle i noticed that the clutch was slipping so took it back as it had a 3month warranty provided by the garage as well as the extra warranrty that i was conned into paying extra for.
    The service manager took me on a test drive and told me that it wasnt slipping at all and that as i was "a woman who had probably never sdriven a 4 wheel drive before it was just that it was taking me time to adjust to driving such a car".
    After explaining that i had driven many cars over the years and that i know when a clutch is slipping he said that i should run it for a week or two and if i was still concerned to return but that he wasn't prepared to do anything about it at present.

    I grudgingly went away and got a second opinion from my local garage who i have used for over 15 years and trust implicitly. I was advised that the clutch was infact slipping and needed replacing.

    I duly went back and insisted that the clutch be replaced. They did the work but it took them over a week to complete, leaving me with a very old and tatty hire car that actually broke down whilst i was using it.

    On getting the car back i drove it home and noticed that although the clutch was no longer slipping it was making a lot of noise and was actually worse than it was before.

    I called the garage but was told that the service manager wasnt available for a few more days and to speak to him on his return.

    I called him back when he was back in the garage and he said that it was just the clutch "settling in" and to leave it for a few more days and see how it was after. Again i told him that it had already been a few days and it was definately not right. He agreed to look at it and asked me to take it back in. I did and he then said that it was the Dual Mass Flywheel that was at fault but that he wasnt prepared to fix this as he had fixed the clutch and this was a problem that occurred afterwards and was notthing to do with them.

    I again argued my case but he was adamant that he wouldn't replace this.

    i took the car back to my local garage who was astounded that the flywheel wasnt replaced alongwith the clutch and said that not changing them together probably made the flywheel worse. i contacted the garage again who said that i should claim from the warranty company as he wasnt going to do anything.

    The warranty company wouldnt pay as it hadnt completely broken down and advised me to keep driving it until it had broken down.

    I am now 1 year down the line it is getting worse by the day, but the warranty company wont fix it as they are now saying that it is wear and tear. Is there anything i can do? I have paid over 8000 for this car including the useless warranty and i cant afford to pay out the other 500 or so neede to replace the flywheel that should have been replaced by car Motion when it was first reported to them.

    If anyone has any advise on where to go from here please let me know.

    Many Thanks

  2. #2
    Join Date
    Oct 2007
    Location
    Middlesex
    Posts
    8,509

    Default

    The dealer has to give a six month warranty. Unfortunately, that has now expired, but if you pointed out the problem within the original six months, then he still has to fix it. Alternately, you can get someone else to fix it and claim the cost back from the dealer, but you have to have informed him of the problem within the six month period. it is not unusual for the more dodgy dealer to fob you off until the six months have expired and then claim 'out of warranty'. Contact Trading Standards, they will help set you on the right path for claiming.

  3. #3
    Join Date
    Aug 2011
    Posts
    2,665

    Default

    When was the car first registered?

  4. #4
    Join Date
    Apr 2009
    Posts
    6,379

    Default

    Contact trading standards they should help you sort this out. Also worth looking at Consumer Direct, web site or CAB would point you in the right direction. As Rolebama points out, every second-hand car sold by a dealer has a 6 months warranty, as you have discovered third party warranties are not worth the paper they are written on.

  5. #5
    Join Date
    May 2008
    Posts
    8,444

    Default

    This post went on here yesterday and is the same as yours. The info you need is in it.

    http://www.rac.co.uk/forum/showthrea...-from-a-dealer

  6. #6
    Join Date
    Jul 2013
    Posts
    1

    Default

    Hi my dad bought a golf from carmotion and has experienced pretty much what you have they are a member of the rmif its on their web page I took on dealing with this as the sales man got aggressive with him my dad had the car repaired at an independent garage and is now looking to recover the cost we have just had a letter from the rmif that is in our favor and says they need to pay it this it not legally binding but we are prepared to go to court they had nothing to back up their claim and we did it is a long drawn out process but they in words say my dad has a case and that they were negligent i am now contacting trading standards and issuing court proceedings if you do the same with the rmif now it will be fresh in their heads and my do more about it if your car is on finance then talk to them as they have a lot of power as its their money that paid for it and their is something that if its done within 2 years you have a good case Mr Dunstan MD of carmotion will never talk to you even if you ask don't let them get away with it the car needs to be fit for purpose and its not my dad also took out extended warranty and was told the same as you basically its a expensive breakdown policy i hope this helps i don't mind helping you with any advice you may need they need to stop treating people like this

  7. #7
    Join Date
    Jul 2013
    Posts
    6

    Default

    A friend had a similar situation - he bought a RAV 4 and the fly wheel needed replacing. He did the work and was about to start small claims proceedings. He called trading standards and found the guy had been in trouble many times before - had been through bankruptcy etc.he got nothing back and forke out 500. if they are reputable they will sort this or you will have valid recourse to get your money back.

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