I bought a lemon.

[TW]Fox;17435724 said:
It does not matter what the warranty says. You have had it a week before the fault, so they must fix it.

These money saving diesel things are good fun eh?
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This

within the first 6 months of purchase it is up to the seller to PROOVE that the fault was not present at the time of sale. Not just argue and say "its not our fault, its wear and tear"

The sale of goods act says sellers must sell cars that are free from defect, and fit for purpose. A gear selector falling apart after a week isnt fit for purpose.

he can argue all he likes, in a small claims court the court will side with the buyer when a fault "develops" within a week of ownership.

Citizens advice is the way to go. Threaten legal action, take it if you have to, small claims court isnt that expensive.
 
Nothing constructive to add, other than you should have bought a better type of car ;)
 
I'd be concerned that the selling dealer washes their hands of the fault because an alternate garage has worked on the car. They are highly likely to blame the local garage for causing the "new" fault.
 
Before you go steaming in with phoning the credit card and reciting the sale of goods act see if they are just going to fix it.

No point giving them the hump if you are getting sorted anyway.
 
There are 2 issues here. It seems to me the supplying dealer has acted reasonably in making reasonable efforts to get the problem fixed by their own garage and then agreeing to pay the majority of the bill for a garage of your choice to have a go at fixing it.

The situation has become more complex because the garage you chose has misdiagnosed the fault and charged you and the dealer for the privilege.

What you should really have done is thrown it back at the dealer and given them a third attempt to fix it or you were rejecting the car.

You're now going to get into all sorts of arguments about how your garage are at fault by not fitting the gear cables properly and that's lunched the box and stuff like that. However, the problem sounds like a failing slave cylinder to me - some cheapskate has probably not bothered doing it when they did the clutch.

If I were you I'd be banging on the door of your chosen garage asking them to dismantle and examine the clutch as a gesture of goodwill and if any parts are found to be defective you will pay for them and talk to the dealer to see if he will contribute. You've paid them a lot of money for labour that was useless to you.
 
Ask for advice on the below link.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?57-Vehicle-retailers-and-manufacturers

Lots of SOGA experts and legal peeps who will help you draft letters and advise of your rights under SOGA.

Basically the dealer has a responsibility under SOGA to provide a vehicle fit for purpose and free from defects as already mentioned in this thread. They cannot use the terms "wear and tear" and "outside of warranty" within the first 6 months for non-consumable items (tyres, break pads and discs etc).

First step is to get full advice and keep all communication to recorded letters. You must give the dealer the chance to rectify the issue at no cost to yourself (includes collecting the car rather than you delivering it) and if they are unable to satisfactorily repair it you have a legal right to reject and get your money back. Do not take no for an answer. They will try anything to get out of paying but they have to abide by SOGA. The warranty on your car is in ADDITION to your legal consumer rights and not a replacement.
 
Your going to be fine, thats an ok little community of car dealers on that road where you got that, they have all been there for ever, they all have some sort of reptation to keep up. Its not dodgy Dans used cars emporium.

Just try not to get stressed.
 
DiamondMark said:
Your going to be fine, thats an ok little community of car dealers on that road where you got that, they have all been there for ever, they all have some sort of reptation to keep up. Its not dodgy Dans used cars emporium.

Just try not to get stressed.
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will do mate, thanks. I must say the dealer has been ok througout this (apart from claiming the fault was wear and tear and thus not covered under warranty) I'll speak to them today and let you know the outcome.
 
Had this same issue when i had an Ibiza FR Tdi. It turned out when the clutch was hot it bubbled and expanded apparently and was not totally disengaged anymore.. reverse would be almost impossible to get into, same with first.. also the car moved slightly in 1st on the flat with the clutch totally floored so it wasn't totally disengaged. New clutch under warranty sorted it all out. The dealership reckoned it was a manufacturing defect.
 
Justintime said:
Had this same issue when i had an Ibiza FR Tdi. It turned out when the clutch was hot it bubbled and expanded apparently and was not totally disengaged anymore.. reverse would be almost impossible to get into, same with first.. also the car moved slightly in 1st on the flat with the clutch totally floored so it wasn't totally disengaged. New clutch under warranty sorted it all out. The dealership reckoned it was a manufacturing defect.
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Thats exactly the problem I'm having :o
 
Well the good news is that it isn't a lemon any more. After weeks of phonecalls and a few raised voices the dealer agreed to take the car back and sort out the problem. They had it 3 weeks, and I picked it up today - problem finally gone, smooth gear change, no issues at all. Turns out the problem was a worn bearing in the gearbox, I have a copy of the repair bill for my records which shows an £80 part and over £600 labour - so it was no simple repair by the looks of things!

Cheers for the advice and help guys, I've finally got the car I paid for :)
 
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