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Used car 6 month warranty

  • 28-06-2011 2:03pm
    #1
    Registered Users, Registered Users 2 Posts: 1,604 ✭✭✭


    I bought a 04 hyundai coupe about 3 months ago from a reputable SIMI registered garage in baldoyle. It was nct'd after purchase and also serviced by them. In the last 3 months I've probably driven about 1000 km's or so.

    I noticed the gears were locking and eventually it packed in on sunday and I had to get it towed to garage on monday. In speaking to the garage they said they'd investigate the problem but said the warranty would not cover wear and tear... I cannot see how wear and tear would be an issue since it was serviced and nct'd within last 3 months and also had a vehicle health check 2 weeks ago which showed nothing related to gears/clutch.

    I'm awaiting contact but I think they'll try say it was wear and tear.

    Anyone have problems like this before with a used car warranty.

    I'm hoping for advice on my rights

    Have read some interesting stuff below so I believe I should fight them if they try to say it was my fault (driving ten years and never had problems with gearbox / clutch on previous cars)

    http://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_used_car_in_ireland.html

    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Buying-a-car/wrong.html

    Thanks

    LK--<


Comments

  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    Is it a clutch or gearbox failure? You've some chance on the latter I'd imagine. Did you point it out to them before it failed completely?

    A clutch is a wear item. They have a limited life as they work by friction.


  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    If they gave a six month warranty at a minimum it covers the engine and gearbox, sounds to me like your gearbox is in trouble, should be covered if so, take no sh1t off them.


  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    They probably have the warranty with a third party like Mapfre. Basically unless something catastrophically fails then it's classed as "wear and tear". I had an experience with a gearbox that wouldn't go into gear properly and was found to be a worn synchro ring in the box. They wouldn't cover it.

    Saying that your contract is with the garage not the third party (if there is one). The sale of goods act still applies.


  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    gpf101 wrote: »
    your contract is with the garage not the third party (if there is one). The sale of goods act still applies.
    +1

    Standard warranty is 3 months engine and gearbox.

    If the problem is the gearbox (as it would seem to sound initially) then you are entitled to a refund/replacement/repair.


  • Registered Users, Registered Users 2 Posts: 1,604 ✭✭✭LizardKing


    Thanks for the replies - the car also has less than 30K miles on the clock. I think it was 28 when I bought it - Not sure if this would indicate the car was clocked perhaps!

    It had 3 previous owners ... I did a motorcheck and nothing "bad" came up apart from no NCT which garage got after I bought it.


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  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    It really depends on what's diagnosed as the problem, you won't know whether it's covered under warranty until you know exactly what it is.


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    I know when you buy a used car you buy potential issues and accept this fact.

    I'd accept a flat tyre.... or even a blown bulb but to "accept" a clutch going after 1k ?

    I'd decorate a trailer with a "Do not buy here" sign and drive up and down past that garage as often as I could.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    MugMugs wrote: »
    I know when you buy a used car you buy potential issues and accept this fact.

    I'd accept a flat tyre.... or even a blown bulb but to "accept" a clutch going after 1k ?

    I'd decorate a trailer with a "Do not buy here" sign and drive up and down past that garage as often as I could.

    1k? I could destroy a clutch in about 15mins.

    It's possible (although I'm not suggesting that's what happened here) to kill a clutch through driver error.


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    -Chris- wrote: »
    1k? I could destroy a clutch in about 15mins.

    It's possible (although I'm not suggesting that's what happened hear) to kill a clutch through driver error.

    Fair point well made.

    But in reality and assuming that the OP knows how to drive and drives with care and respect for their vehicle, would you go down on this without a fight if you were them ?


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    I've seen people have issues with clutches on new vehicles they've bought because of the footrest being different/absent, leading to them resting their foot on the clutch, leading to clutch issues.

    I'd definitely fight, but the OP needs to know for definite what's wrong first.


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  • Registered Users, Registered Users 2 Posts: 3,680 ✭✭✭mondeo


    Is it a proper dealership or some yard with 20 odd cars parked in it ? I find these 3 or 6 month engine gearbox warranties as useful as that cat sitting across the road.


  • Registered Users, Registered Users 2 Posts: 1,604 ✭✭✭LizardKing


    Proper dealership part of SIMI ... I'm an excellent driver (Rainman)

    I've been in touch with a solicitor friend who said to take no crap and fight it if needs be ..

    I'll see what the garage say when they give me the results of there investigations.

    May need to get an independent mechanic to look at it too :-(


  • Registered Users, Registered Users 2 Posts: 3,680 ✭✭✭mondeo


    LizardKing wrote: »
    Proper dealership part of SIMI ... I'm an excellent driver (Rainman)

    I've been in touch with a solicitor friend who said to take no crap and fight it if needs be ..

    I'll see what the garage say when they give me the results of there investigations.

    May need to get an independent mechanic to look at it too :-(

    Hopfully everything with this particular garage will work out though.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    LizardKing wrote: »
    Proper dealership part of SIMI ... I'm an excellent driver (Rainman)

    :D There aren't enough Dustin Hoffman quotes in this forum IMHO :D


    Let us know what the garage diagnoses.


  • Registered Users, Registered Users 2 Posts: 1,604 ✭✭✭LizardKing


    So the garage backed off with the "wear and tear" angle and replaced a clutch cylinder part and fixed the car under warranty.

    I was not charged anything thankfully.

    Ended up taking 5 days to get car back but I'm back on the road again ... :D


This discussion has been closed.
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