Evans Halshaw, Warrenty?

[JoeF1]

Hey guys.

Just a quick one, bought a used Astra from Evans Halshaw on Finance just under 3 months ago now and i have just noticed when i put the clutch in there is quite a loud tapping noise.

When i test drove the car i did complain how stiff i found the gearbox and asked numerous times for them to have it checked before i picked it up. They said nothing was wrong, cut to the present the gearbox is as i would expect a whole lost 'looser' but there is this noise.

What i'm asking is can this be fixed under warrenty? I am trying to get in touch with someone about this and they say they will call back but you know, they just aren't.

Thanks guys.

 

[Diagro]

Take it in and ask them to look at it.

 

[fire_munki]

Good luck! I struggled...a lot with them.

 

[chanjy]

It should be fixed free of charge under the Sale of Goods Act. If a fault develops within the first 6 months of your ownership, it's their duty to prove that the fault did not exist when you bought the car - not yours.

This is backed up by the stiff clutch pedal so I'd say you're on firm ground here.

Presumably the clutch bearing/plate has been worn out by the description of the issue?

 

[JoeF1]

Good luck! I struggled...a lot with them.

Know how you feel, soon as i told them i wanted a third party finance company involved they turned very poor. Would never recommend this place, worst experience buying something ever.

It should be fixed free of charge under the Sale of Goods Act. If a fault develops within the first 6 months of your ownership, it's their duty to prove that the fault did not exist when you bought the car - not yours.

This is backed up by the stiff clutch pedal so I'd say you're on firm ground here.

Presumably the clutch bearing/plate has been worn out by the description of the issue?

Just gone down because they failed to call me again this morning and the earliest time they can even look at it is next Monday. Just worried the clutch could fully go. People are saying it could be the thrust bearing or something.

Thanks.

 

[MeEsH BaKkA]

It is almost certainly the release bearing, I'm also almost certain they will say its wear and tear. If they refuse to fix it you can try SOGA but I expect you will have a tough time as there is no way of proving how you have driven it over these last few months and a clutch is a serviceable part (unless you have it in writing about the gearshift issue at when it was bought?)


Probably better off making yourself a nuisance and threatten bad publicity if they dig their heels in.

 

[JoeF1]

It is almost certainly the release bearing, I'm also almost certain they will say its wear and tear. If they refuse to fix it you can try SOGA but I expect you will have a tough time as there is no way of proving how you have driven it over these last few months and a clutch is a serviceable part (unless you have it in writing about the gearshift issue at when it was bought?)

Probably better off making yourself a nuisance and threatten bad publicity if they dig their heels in.

Argh, this is how i thought it would go. Have been given advice to pay for it if they do say its wear and tear then take them to the small claims? This is of course if they will categorically refuse to do this under Warrenty. No writing at all. I had a tough time actually picking the car up, i didn't even think to do this

 

[chanjy]

Check this thread out OPP: http://forums.overclockers.co.uk/showthread.php?t=18561315

Long story short, the retailer is responsible as to avoid having to pay for it out of their own pockets, they have to PROVE that you caused the damage rather than it being an existing problem.

They can claim you caused the problem through wear and tear, but it will be almost impossible for them to prove = they will lose in court should it ever go that far.

 

[Amraam]

Give him hell. Evans Halshaw are shockingly bad, they don't offer any customer care whatsoever.

 

[JoeF1]

Hi guys, thought it would wack a little update on how i am getting on with this.

So i went to Evans yesterday booked in for 1PM. They couldn't find my booking at first although it seemed to re-appear 10 mins later when i showed them the email from them. 50mins later the mechanic took the car to which i thought he was just going to listen to the tapping noise this must have been a long look because i didn't hear back until quarter past three.

It turns out they 'suspect' its the flywheel. Although this mechanic insisted i have to book it in for them to take the whole gearbox out just to 100% confirm it is this. This kind of confused me somewhat because he wanted the car for 6 hours @ £75.00/ph just to clarify its the flywheel. This when went into the whole warranty argument from the advice in this thread.

I then brought up that i specifically told the sales rep that i would not buy the car unless he had someone look at the stupidly stiff gear box for me. Unexpectedly he admitted that i did ask although he then dropped the laughable news that he just asked a mechanic to take a peek without raising a job card for proof and the mechanic just 'drove it around the block' and said everything was fine. Going in circles i was getting abit annoyed if im honest because he just wouldn't move and finishing the line with i won't help you because you didnt buy more warrenty i asked to speak to someone higher just so i could ask the same questions really. Apparently his manager was on holiday although he was conversing with a guy outside while he made me wait in his office. Obviously discussing what to do with me. I asked to speak to him, yet he wouldn't come in the office. Although he heard him say ' what does he expect he's over his 1 months warrenty'.

I understand that i'm over my warrenty although i believe that the issue was there before i bought the car although hidden with the gearbox stiffness problem. I have no idea about cars so i don't know if the two are related. Anyway long story short the service dept manager which was on holiday should be calling me today although i expect no help at all. They kind of made me feel stupid whist asking about the 6 months SOGA saying that doesn't count for much.

I asked to look at my car history which they do when they had the car. I noticed that they added new brakes and front shocks which if fair enough, and then i noticed that they did a full service open getting the car ready for me. Although my inspection light is on... Don't want to jump the gun but i am starting to doubt they even serviced the car. They wouldn't forget to cancel off the inspection light right?

Sorry for the essay. What would you guys do now?

Thanks

 

[chanjy]

I'd start with a letter...

Key points:

1. Car has a problem with clutch, they have diagnosed as a suspected flywheel problem
2. Under SOGA 1979, the car must be of satisfactory quality and fit for purpose
3. Faulty clutch clearly indicates car is not of satisfactory quality/fit for purpose
4. Under SOGA within 6 months of purchase the onus is on the retailer to prove the fault was not present when the car was purchased
5. This means any diagnostic work must be undertaken by the retailer
6. You would like a full report from an independent mechanic explaining exactly how the flywheel could have suddenly developed a fault exclusively while under your ownership
7. You asked Garage to undertake due diligence on the gearbox at time of purchase - ask to see the report showing that there was no mechanical problem (you know there isn't one!) [edit: or just confirm that you spoke to the sales rep and he confirmed that the only diagnostic was an unofficial drive around the block, which you consider insufficient.. no point giving them a chance to make something up!]
8. If the fault is not corrected free of charge under SOGA then you will take them to small claims court for the cost of repair and the refund of all finance payments made while you have a faulty car

 

[thepharcyde]

Beats me that you knew something was not quite right. I would have driven another car with the same engine/gearbox to alleviate any doubts that you had.

These guys are part of Pendragon so cc your letter here:

Loxley House
2 Oakwood Court
Little Oak Drive
Annesley
Nottingham
NG15 0DR

Hope you get it sorted. Unfortunately when it comes to cars, once a sale has gone through any developed/preexisting faults are usually hard to get fixed without a fight.

As others have said it sounds like the thrust bearing. My Mini had the same noise. It had a new gearbox and clutch/flywheel. I then sold it.

 

[Amraam]

They're shocking. That sounds like my exact issues I had - they pussy foot around until your warranty runs then they tell you to **** off.

Never again will I entertain Evans Halshaw

 

[Jonny ///M]

I decided not to buy a car from EH because the salesman was a complete ****. He was telling me how people who don't get finance are called skunks within the dealership. What a way to speak to someone applying for finance!

He was adamant that they only had a 30 day warranty and tried to add on an extended warranty that stopped at 80k miles and the car had 83k I think!

I drove another Astra at an independent but was put off by the stiff gear change, the feel of the steering, ditch finders and part service history on a turbocharged car.

I found a nice 2 owner, one being vauxhall, 63k car with matching tyres, full history and it drove perfect. Sadly two weeks later the gearbox started to whine which I found out is quite common for the M32 gearbox. All it took was for me to drive up and take one of the mechanics out for a wee drive, he heard the noise, I arranged to drop it off for when I went on holiday for two weeks but dropped it off early as it got louder. A week and a bit later they had it back to me all fixed up with no fight about who was paying what! To be fair they even offered a courtesy car from a date but I just cycled lots.

If a small independent can do that then why the hell can these big places get away with being so bad!

 

[Amraam]

I decided not to buy a car from EH because the salesman was a complete ****. He was telling me how people who don't get finance are called skunks within the dealership. What a way to speak to someone applying for finance!

He was adamant that they only had a 30 day warranty and tried to add on an extended warranty that stopped at 80k miles and the car had 83k I think!

I drove another Astra at an independent but was put off by the stiff gear change, the feel of the steering, ditch finders and part service history on a turbocharged car.

I found a nice 2 owner, one being vauxhall, 63k car with matching tyres, full history and it drove perfect. Sadly two weeks later the gearbox started to whine which I found out is quite common for the M32 gearbox. All it took was for me to drive up and take one of the mechanics out for a wee drive, he heard the noise, I arranged to drop it off for when I went on holiday for two weeks but dropped it off early as it got louder. A week and a bit later they had it back to me all fixed up with no fight about who was paying what! To be fair they even offered a courtesy car from a date but I just cycled lots.

If a small independent can do that then why the hell can these big places get away with being so bad!

Yup it's shocking. The m32 box is ridiculous... Vauxhall apparently replaced mine, but I later found out they just reburbed it. Gearbox was whining again when I finally said **** it, and sold it. It ****es me off to no end - forgetting about cars for a moment, they're just down right bad people. Absolute money robbing scumbag dealers. They should work in banks...

 

[JoeF1]

Thanks guys i will write the letter tonight!

They promised to ring me at 12pm and its 30mins over so i have no faith in them actually contacting me today.

Sucks that i wanted to settle this reasonably and i have to write letters which in my mind should be a simple open and shut repair.

 

[Amraam]

Thanks guys i will write the letter tonight!

They promised to ring me at 12pm and its 30mins over so i have no faith in them actually contacting me today.

Sucks that i wanted to settle this reasonably and i have to write letters which in my mind should be a simple open and shut repair.

Threaten to bring in trading standards too?

 

[Jonny ///M]

Yup it's shocking. The m32 box is ridiculous... Vauxhall apparently replaced mine, but I later found out they just reburbed it. Gearbox was whining again when I finally said **** it, and sold it. It ****es me off to no end - forgetting about cars for a moment, they're just down right bad people. Absolute money robbing scumbag dealers. They should work in banks...

It has put me off the car a bit and I still get paranoid with small noises!

I hope it lasts another 65k before needing another refurb and it's out of my hands. I guess it keeps gearbox specialists in business as one I spoke to said he had done 50 in the last 6 weeks.

 

[Amraam]

It has put me off the car a bit and I still get paranoid with small noises!

I hope it lasts another 65k before needing another refurb and it's out of my hands. I guess it keeps gearbox specialists in business as one I spoke to said he had done 50 in the last 6 weeks.

Is it a VXR? Mine was 6 years old with only 48k on the clock when I sold it. When I bought it, it had 23k and it whining and in serious need of replacement at only 28k - absolutely absurd. I haven't entirely ruled Vauxhall out, but I won't go through EH again...

 

[Jonny ///M]

Is it a VXR? Mine was 6 years old with only 48k on the clock when I sold it. When I bought it, it had 23k and it whining and in serious need of replacement at only 28k - absolutely absurd. I haven't entirely ruled Vauxhall out, but I won't go through EH again...

Not a VXR just the 1.6t SRi with the same setup as a corsa VXR. Mine is a January 09 car so maybe it had been repaired already!