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View Full Version : Sale of Goods Act and Warranty... :(



chimp007_uk
27-08-08, 06:18 PM
Hi all,

I need your help. I purchased a Golf GT TDI 2 weeks ago, it came with a 3 month warranty. Last week, the clutch started to judder pulling away and as it comes on boost... I took it to a garage at the weekend to get it looked at, and they said that the clutch needs replacing, and it has a dual mass flywheel (http://moodle.student.cnwl.ac.uk/moodledata_shared/cdx%20etextbook/dswmedia/trans/clutchMan/clutches/dualmassflywheels.html) which will need replacing as well...

I work at Aston Martin as a service engineer, so i know that its not always covered under warranties especially on older cars. But the Warranty guys said, i can use the "sale of goods act" (http://www.bbc.co.uk/wales/x-ray/x_guides/consumer_law/12-1.shtml) as the clutch was already on its way out when i bought it...

I rang the dealer this evening who gave me 3months warranty on the car, and he said that its a wear and tear item, and he doesn't think it'll be covered. he said as a good will gesture, he'd cotribute towards it... I then quoted the sale of goods act and he went quiet... and said to call him back tomorrow when he's at work and he has the warranty to hand. I said it clearly wasn't fit for purpose if its gone after 2weeks...

What hope do i have?

Cheers Guys

Chris

Stoo
27-08-08, 06:24 PM
i had a similar problem with my integra
clutch was fooked

i spoke to the dealer and they offered to have it changed at their expense

Ben
27-08-08, 06:27 PM
problem with clutches it all comes down to drivers, people wear clutches in different ways, I bought a 2002 306 which had covered 17k miles and was 3 yrs old, looked through reciepts with the car it had 3 clutches in 3 years.

Not saying you wore it out but i doubt very much that it will be covered, normally clutches and brakes are never covered.

Stuart
27-08-08, 06:27 PM
the DMF shouldnt need changing unless its fuggered by piss poor launches etc...

paddy138
27-08-08, 06:30 PM
dual mass flywheels are commonly replaced on vw and audis they collapse inside

chimp007_uk
27-08-08, 06:33 PM
the DMF shouldnt need changing unless its fuggered by piss poor launches etc...

I was waiting for the comments stuart...

I really havent been driving it hard... Trip hasn't been reset and its been giving 55mpg... I honestly can't offered to give it stick. 2weeks, takes the mick! Apprently juddering is usually a sign that the flywheel will need doing!?! me know nothing... My VW mate said its usually the case.

There's no way i could afford to get the clutch done, got to find somewhere to live over the next two weeks so thats deposit and a months rent from thin air, and still skint from buying and insuring the car...

chimp007_uk
27-08-08, 06:34 PM
dual mass flywheels are commonly replaced on vw and audis they collapse inside

Thats the ticket... Thats what i was told, and why it judders :(

chimp007_uk
27-08-08, 06:35 PM
Got my mate to price me up a clutch and flywheel at trade... £228inc vat then approx 3hours labour... No way can i afford that!

Rich
27-08-08, 06:38 PM
If its a duel mass flywheel it will need changing as its probably the cause of the judder. Changed quite a few on the vauxhall diesels

Stoo
27-08-08, 06:47 PM
fit a g60 clutch and vr6 fly

prob solved

Ben
27-08-08, 07:01 PM
the DMF shouldnt need changing unless its fuggered by piss poor launches etc...

He never said it was you doing it, could have been owned by a complete dick that had no idea of driving for the rest of its life.

TBH £236ish for the kit is a bargain, the Ford ones are considerably more.

But i do know with the Fords they now produce a standard type flywheel and clutch so you can do away with the dual mass bullsh!te

chimp007_uk
27-08-08, 07:48 PM
I take it back then :)

for all the bits £228 isn't bad, but I'm pee'd off after just buying that i should be the one who pays for it all!

Stoo
27-08-08, 08:17 PM
take the car back to the garage and demand your money back

Ash
27-08-08, 08:44 PM
As said DMF's on VW have common problems, on our rental fleet at work we have roughly 40-50 Transporter T5's and I'd guess 70% of them have had or will need a new clutch within the 2 years we keep them. New clutch normally means a flywheel too :(

TBH £228 is a fooking good price. Trade at our own VW Van centre they wanted to charge roughly £700 for a DMF and Clutch! (VAG parts mind)

I think the trader is right to offer a good will justure if it was nearing the end of the warrenty but after only two weeks he can stump up the full wack and if he's paying try and get decent parts not the cheapest.

chimp007_uk
27-08-08, 08:49 PM
I dont want to ask for my money back, and to be fair, I find that a little harsh... All I'm asking for is what I'm rightfully owed! I'll call him tomorrow, see what he says and then go from there, there's still a few miles left so i'll take hime to court for it if he gets ****y...

I'll put him on to the warranty guys at work tomorrow, and he can do his best if he chats **** to me! Its awkward coz i dont want to piss him off and this get bad and then he do it and bodge it :(

Ben
27-08-08, 08:59 PM
He's a dealer, it will go in to be repaired, expect only a clutch to be put in and cheapest possible, that will get you out your warranty period and out of his hair.

Stuart
27-08-08, 09:04 PM
He never said it was you doing it, could have been owned by a complete dick that had no idea of driving for the rest of its life.



10 points :D


SMF conversions are rife in the Ford camp..... Because the Germans had a crack at DMF's the rest of the world thought they needed to, too..... but no one mentioned that the Germans hide their warranty issues and Ford/GM didnt know how unreliable DMF's are lol

Novasport
27-08-08, 09:11 PM
I would speak to the dealer, say its not fit for purpose and that you are rejecting in unless they repair it.
I would also demand genuine parts are fitted if they do repair it which I am sure they will if you are firm with them.
Mention legal action and sale of goods act and I am sure they will be more than co-operative.
What dealer is it btw?

Ben
27-08-08, 09:12 PM
I think the whole industry can put there hands up and say they dont work.

Was nothing wrong with a good old fashion flywheel and clutch, it didnt need replacing.

Stuart
27-08-08, 09:21 PM
I think the whole industry can put there hands up and say they dont work.

Was nothing wrong with a good old fashion flywheel and clutch, it didnt need replacing.


It stemmed from morons designing RWD german cars thinking they need to make a manual "feel" like an automatic on take off...... hmmmmmm now thats a "good" idea isnt it lol.

chimp007_uk
27-08-08, 09:21 PM
Its not a VW dealer, just a small dealer. I doubt he'll use genuine parts... I'd ask to see reciepts for the clutch and flywheel. Been looking and you can get a solid replacement dual mass flywheel...

I hate these situations as i'll be lost without the car now, doing 50miles a day in it. I hope he doesn't become an ass hole.

Ben
27-08-08, 09:28 PM
Same as anything mate, be polite, pleasent and respectful and a lot more likely to get the result.

chimp007_uk
27-08-08, 09:52 PM
Thats what i was on the phone. Said i didn't want this to go bad, and be difficult, just would like it resolved...

I'll let you know what he says tomorrow... Fingers crossed, its about time i had some good luck!!

novacabrio
27-08-08, 11:23 PM
If you play it nice with the dealer you should be ok, I think if he is any kind of a reputible garage they'll replace it for their reputation. If its some small fry one man band then your likely to be on your own, he'll be using the time over night to check the legal side via google lol

Was the warranty a word of mouth thingy? Or proper documented with papers confirming it has been registered etc? Our warranty we sell at work (not out network Q but our used car plan) covers you for wear and tear items for the first 3 months. Check the small print it could be in there but its likely to be the cheapest of the cheap to cover is ass for legal side.

If he does agree to fix it but using non Gen bits then offer to pay the extra? If he wont pay for it ask for a contribution from them

Also if you work at Aston Martin surely you must be compitant enough to do it yourself?

Stuart
27-08-08, 11:42 PM
Also if you work at Aston Martin surely you must be compitant enough to do it yourself?

no offence to mr chimp here, BUT most automotive engineers are complete and utter mechanical spakers..... plus tbh if you buy a car with warranty, why the hell should you get your hands dirty lol

t45_ste
27-08-08, 11:50 PM
no offence to mr chimp here, BUT most automotive engineers are complete and utter mechanical spakers..... lol

That made me chuckle, so true.

novacabrio
27-08-08, 11:57 PM
no offence to mr chimp here, BUT most automotive engineers are complete and utter mechanical spakers..... plus tbh if you buy a car with warranty, why the hell should you get your hands dirty lol

I was refering to if it wasnt covered :roll:

chimp007_uk
28-08-08, 08:07 PM
cheers guys :s

I'm not a complete spaker, maybe a little... I wouldn't mind doing, but why should i have to!!?!? Plus through piece of mind, and the amount of miles i do, I'd rather it done by a garage and if then anything happens its not my problem...

The guy was being a tit earlier, I rang and was polite, didnt raise my voice etc... Yet even though the warranty manager at work was telling me what to say, I got told i was talking out of my a**e... He said that the warranty doesn't cover it, yet i know that the warranty was done through him and he'd pay it. Its written on the reciept, 3months warranty... There were no exclusions metioned, and when i questioned that, i got told its common knowledge and i didnt have a clue!
I said i'd go to trading standards, and he said he'd do the work and contribute a little to it, so i'll still be out of pocket and have some monkey do the work, in a fascilities you'd struggle to change oil in...

Trading standards said i have a case and said to approach him formally with a written letter sent recorded deliver, then go from there... The garage was logged on the system. So going to speak to him tomorrow, explain and see if he's willing to resolve it without taking it further... If he says he'll get his lad to do it, i'm going to ask that it be done at a proper garage.

Fingers crossed... :(

chimp007_uk
31-08-08, 02:33 PM
Spoke to him again, best he'll do is supply a clutch and flywheel... and when I asked what make, he said the cheapest parts possible... I said I'd speak to trading standards again and get baack to him, and He said "fill your boots..."

What a tw*t

nathan.
31-08-08, 04:21 PM
The dealer should stand the costs or repair it themselves.

Dual mass flywheels fooking up are very common on VAG's

white2lSR
31-08-08, 05:44 PM
take the car back and get your money back. it does not serve the purpose it was sold for.
In the current climate it is certainly a buyers market, there are loads of other cars out there.

I had the same problem when i baught my BMW from a small local garage. It had the air bag light on which turned out to be an ocupency sensor. He kept fobbing me off so i hand delivered a letter with the intent of legal action. The next day it went to BMW and was fixed. (i even called BMW to check as the dealer was such a ****)