I bought a 1997 BMW Z3 from an independent garage 3 weeks ago. They sold the car with a '3 month warranty' which I haven't seen yet, although I was told covered 'all the usual' things.
Since then, the clutch has started to slip, and I asked the garage to replace it. I was (very rudely) told they would not, as I 'probably' damaged it myself (I did not!)
The garage refuse to send me the warranty (keep telling me its on its way, but never turns up - even when they're faxing it!)
What can I do in this situation, as I don't feel I should have to replace the clutch on a car I bought only 3 weeks ago.
Has anyone else had experience of very insulting independent garages? Any tips?
Thanks!
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Don't know too much about independants, the one my mate used was very good.
Try Trading Standards, they may be able to help, although you may well be stuck because you have no written agreement of the warranty, unless it is on your receipt of course. But then, he can basically adjust the warranty to cover whatever he wants. "The usual things" could mean absoloutely anything, and many warrantys do not cover things like the clutch as it is a consumable, therefore, he may well not class it as a "usual thing".
Of course you are fully entitled to a copy of the warranty including details on what it covers, so they should at least be able to help there...
The warranty that my maye got covered all mechanical parts, but nothing electrical or bodywork. When his HT leads stopped working right the guy decided to replace them anyway FOC, even though he says they were electrical items so strictly speaking he shouldn't. I would recommend him to anyone.
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Is it a reasonably large and well-established independent or a cowboy "back-street" type ?
Also, is it close enough for you to be able to drop in easily ?
M.
p.s. And please don't give the company name.
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It is a quite a large independent with their own professional looking website, etc. They specialise is prestige cars and appearances gave the impression that they knew what they were doing.
Unfortunately it's about 60 miles away from my house.
I also think that the guy who was so insulting may have been one of the owners/directors - so it's unlikely he'd take notice of a firm letter!
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Send a letter setting out your issue logically and politely.
State the action(s) that you believe it is reasonable they should take.
Set a deadline for each action, the failure to complete any of which will ensure that you immed. issue a small claims summons.
If you have a tame solicitor, so much the better - although the process will be the same.
And don\'t bluff. If they let you down, then issue the summons.
And in court remember that proof is good, and an advantage, but not strictly necessary. So, remembered conversations, other people writing down their memories of conversations, documented timescales
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It is a quite a large independent with their own professional looking website, etc. They specialise is prestige cars and appearances gave the impression that they knew what they were doing.
Unfortunately it's about 60 miles away from my house.
I also think that the guy who was so insulting may have been one of the owners/directors - so it's unlikely he'd take notice of a firm letter!
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I think you might be in for a financial hiding on this one. Most used car warranties I have seen specifically exclude clutch friction plates. It's possible to kill a clutch in a very short time if you try hard enough, and I suppose that if the clutch plate was covered by warranty, everyone buying a used car would immediately fry the clutch plate to oblivion so they could get a new one fitted free, then not have to worry about needing a clutch change for the whole time they owned the car.
I fear you have just discovered why the previous owner got rid of the car - he/she knew the clutch was on the way out. A nice reputable dealer would almost certainly have spotted this fault on the test drive, and fixed it. A disreputable dealer would leave it the way it was, and be prepared to haggle if the potential buyer noticed it.
However, it might be worth pursuing the dealer just to show you're serious. From the treatment you have had so far, it sounds as though you would be in for a hard time if the car had a major mechanical failure under warranty.
Richard Hall
bangernomics.tripod.com
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>>It is a quite a large independent with their own professional looking website, etc.<<
My brother learned a expensive lesson about assuming companies like this are reputable.He bought a used performance car from a very well known established franchised dealer which sold a well known british sports car marque.He paid several hundred pounds for a warranty , after loads of phone calls and having the usual delaying tactics still no warranty documents.So he contacted the warranty company which told him the dealer had not registered the car at all - 3 months on....
Eventually the real story unfolded. The dealer was in dire financial problems and was basically bankrupt.The recievers came in ,my brothers name was on the creditors list (to get back warranty money) but no chance of seeing that money again.
The most frightening aspect of this was the recievers final report. It turned out one guy had his car on a 'sale or return' at the garage -he lost his car and money(£23'000). Also many local motor trade businesses lost significant sums of money.
Mikethe man - go back to the garage and ask for your warranty money back and be clear about your next course of action if they refuse. If you have some Butch looking mates take them along aswell ;-)
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Unfortunately, if the clutch was working properly when you bought it, you don't really have much of a leg to stand on. And, as others have said, at the end of the day it's a consumable. The only event that might cover it is something like a defective oil seal which caused premature failure. You only have any sort of case if it could be proven that he knew it was on it's way out.(e.g. if the previous owner told him - and how likely is that if the guy wanted to sell?).
I would suggest that, at the end of the day, the best you will get out of this is twisting the guy's arm to replace the clutch at a reduced price. Sorry it's bad news.
It's an interesting point of law that he didn't need to know it was faulty when he sold it to you. If it happened almost immediately, you could reject it under the sale of goods act (but you must do it quickly). You could also threaten him with the small claims court, the decision in which might well go in your favour.
Consult the trading standards, as already suggested, also try the Citizens Advice Bureau.
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Bear in mind if you get the dealer to replace the clutch they may just replace the clutch plate only.Possible better course of action might be to get a contribution from the dealer and get it replaced by someone that will do the job correctly and use OE parts.Car like that you want a 'nice' clutch.
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