Sub97

Hi All,

Sorry for the long post to start with.

Basically, I bought my wife an 06 reg Grand Scenic at the start of September, from a Toyota garage. The car came with the standard 6 months third party warranty, and had only done 22k miles. After three weeks of normal driving (around 400 miles) the clutch dropped about a couple of inches. You could still drive it, but if you put the accelerator to the floor, the clutch would slip.

My wife obviously took it back to the Toyota garage. They agreed to look at it. After looking at it they said it needed a new clutch, but that that wasn't covered in the warranty. After some toing and froing (basically me saying a car with 22k on it and only 3 years old, should not need a new clutch, especially only 3 weeks into the ownership of it) they agreed to provide the labour if I paid for the new clutch.

They've now had the car for over 2 weeks. They took an age to fit the clutch, claiming it was a harder job than expected as it's not a Toyota (fair enough, I don't know anything about fixing cars so couldn't say), but that after fitting the new clutch it hasn't fixed the problem, and they're ordering more parts and talking to Renault.

What I want to know please, is where do I stand legally, and what should I have to pay for? To be honest, I was pretty p1ssed off that I'd have to pay for anything on a car that new, bought from a main dealer (irrespective of whether the car was of a type that main dealer was). Personally, I don't see why I should have to pay for the new clutch at all, if there was nothing wrong with the old one.

I found it hard to believe it needed a new clutch at that mileage anyway, but the fact a new one has not fixed the problem would tend to back that up too. I would have thought if the clutch had gone, then either it starts slipping with the pedal in the normal position (like my old Scooby did), or it's the fluid levels and the clutch pedal falls all the way to the floor.

So if they've checked the car over, said it needs a new clutch when it turns out it doesn't, do I legally have to pay for it?

Any help would be very gratefully received.

The fact they won't let us have a courtesy car, have had my wife's new car for over 2 weeks, and never return our phone calls is really starting to annoy me. If I can legally get out of giving them anymore money then at least that will be of some comfort.

Sorry again for the length of the post!

Thanks

Steve

yoza

Do you like the car, do you want it back ?

I think I would be going down the route of the "car is unfit for purpose" and I want my money back.

A clutch is a consumable so the fact that they did the labour for free and you paid for the parts, is IMHO fair. But if the parts bill starts to escalate I would want out....

You could speak to the CAB or even a "first 1/2 hour free" solicitor to see where you stand legally.

You need first to make crystal clear what the intention of the garage is regards the repair and who pays for what.

Sub97

Thanks Yoza.

I agree the clutch is a consumable, I just figured 3 weeks into a car that cost us 8.5k was a bit off. What about the part about it not being the clutch at fault? Should I still have to pay for a part if a garage has replaced it when there's nothing wrong with it?

yoza

Im not an expert and I havent read your warranty book, but I suspect that ifs its another part that has had a 'mechanical failure' then its not your bill.

As for paying for the clutch, no you shouldnt have, as from what I can gather the clutch had not failed....

I would seek legal advice, after having a face to face with the head of the garage, if he wants to be prickley then set the wheels in motion re: getting your monies back, and go find another vehicle.

mr_D

iTrader: (12)

i recon there is a leak somewhere or it needs bleeding properly. when the fluid boils it creates bubbles which get trapped in the system and this cause the pedal to do funny things. worth a try at mentioning that to them. and if that fixes the problem then claim the money back for the clutch as they were wrong

Sub97

Thanks guys.

I will see what I can get them down to and decide if I want to pay it.

Anyone have any experience of the fit for purpose thing? I can search out the exact law on line, but has anyone actually got their money back from a car by using it?

fatscoobfella1

iTrader: (1)

Is this a 1.9 DCi ??

If so,there are many problems with the clutches on them,although early failure isnt one of them you have to be very careful when fitting a replacement..

If it is a diesel,let me know and i will expend a bit more.

Sub97

fatscoobfella - it's the 1.5 DCi.

Turns out there was something wrong with the seals on some unit next to the clutch, which meant all the fluids or oil (sorry for the vagueness, going on my wife's description as she spoke to them) draining out and the clutch wearing out too quickly. They have now replaced all the seals, the clutch, and the fluids. Still only going to charge us the 160, so I think that's fair enough really.

mr_D

iTrader: (12)

i thought it might have been a fluid problem!

Sub97

Yeah, thanks Mr D

At least they have hopefully fixed it now, after 3 weeks...

You couldn't make it up, but my wife went to start the "Urban Cruiser" loan car we've got this morning, to drive there and pick up her car, and the bloody car won't start! She's now sat at home waiting for the RAC!

mr_D

iTrader: (12)

do you really trust this company??? lol

BOB.T

Almost. Brake fluid (same fluid used for clutches) is hygroscopic, it absorbs moisture. If contaminated fluid gets hot enough, the moisture will boil / turn to gas. Gas can be compressed where liquid can't. This is where you get poor pedal feel from. It should return to normal when the temperature drops. It's more common (but still not very common) in braking systems, not impossible in a clutch system but I'd say highly unlikely

mr_D

iTrader: (12)

i had this in my clutch system. not far away from your description but obviously my description is for the dunce where your description if for someone more technical mind!! and i understand