Warranty company refusing to pay for new clutch?

We bought a December 2010-registered Renault Grand Scenic 1.5 dCi in late July with 39k miles on the clock from a used dealer. When we bought the car, we took out an "Optimum 5 Star Warranty" for three years at a cost of £499 with a "Purchased Claim Limit" of £1000.

The week before last, we started noticing the need to wrestle the gearbox and took the car into a local garage we use regularly. The dealership where the car was bought is 25 miles away, and warranty makes it clear the car can be taken into any garage for assessment ahead of repair.

The garage came back to us to say they were fairly sure it was a clutch flywheel issue but would need to strip it down to make certain.

They contacted the warranty company and got agreement to do that, and found it was a clutch flywheel issue. Rather than put the whole thing together again (a serious logistical task with Scenics apparently), they fitted the new clutch flywheel, noting that it looked like the car was already on its second clutch (the existing parts were not what Renault fits as standard), and let me and the warranty company know that the bill would be around £850.

Immediately, the warranty company asked whether the clutch flywheel looked broken or worn, to which the garage owner told them that even with decades of experience, it was impossible for him to tell.

I checked and double checked the warranty policy, and there is no mention of the clutch flywheel in the list of parts that the warranty will not cover.

After several days of delay, the warranty company said an independent inspector would come out to see the car on Wednesday morning of this week. He did nothing more than take a picture of the offending clutch.

The garage was contacted by the warranty company to say they would not pay for the repair because the problem was wear and tear.

To cut a painfully long story slightly short, what is my best course of action now, bearing in mind the garage are willing to speak on our behalf re the uncertainty over what caused the clutch flywheel to go, the fact that we bought the car less than two months (and less than 2000 miles) since purchasing it, and the fact that the car looks to have had a new clutch fitted previously?

Asked on 3 October 2015 by fazza1970

Answered by Honest John
Pay for the work so you get the car back on the road and maintain a good relationship with the garage owner with whom you have no quarrel. Then contact the dealer who sold you the car informing him that because the clutch and DMF were not the correct parts and because they failed within 6 months of your purchase of the car, you hold him liable for the cost of replacement. However, since a clutch is a wearing part, you will be happy with a contribution from him of £500 towards the repair. You could sue for the whole amount but it is better to be seen to be "reasonable". Law here: www.honestjohn.co.uk/faq/consumer-rights/
Tags: warranties
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