Greentek Posted March 20, 2014 Share Posted March 20, 2014 Hi there, Posting for the first time. I have an issue and would appreciate members feedback. I purchased a 2007 Mondeo 1.8 tdci in September from an independent. The car had around 60k mileage and what sealed the sale was that they had told us that the clutch and dmf had been replaced prior to the car being marketed. Not long after we bought the car noticed slight slip and revs rising in taller gears. Wondered if it was ecu or some other issue. As it wasn't too noticable put it down to the quirck of the model. This problem has recently got worse and my gut feeling was that there was a clutch issue. In the time that the car was bought have probably driven around 5k. I rang the warranty company who said that as the car had been sold with a clutch having recently being installed and that if there was a parts defect the garage would be able to claim on the parts warranty of the recently installed clutch. (Normally 12 months) Car was then taken to the dealer who noted the issue. They then had their service partner strip the clutch to discover that the clutch plate had worn out! I am now anxious as to how to deal with the next stage. Should I request proof of the part being fitted (as it is the dealer wrote the information into the service book). I am nervous that the warranty company will put this down to wear and tear and that the dealer will say that the clutch has been worn out in the space of 5k as a result of dodgy driving and walk away from it. If this was not a result of a defective part I am now suspicious as to whether the clutch and the dmf were replaced at all? Any sage advice on how to handle this or to explain what rights I have would be appreciated. Might this be a job for trading standards if the garage cannot produce receipts that indicate the work being done? Many thanks, Greentek Quote Link to comment Share on other sites More sharing options...
MiltyG565 Posted March 23, 2014 Share Posted March 23, 2014 (edited) Hi there, Posting for the first time. I have an issue and would appreciate members feedback. I purchased a 2007 Mondeo 1.8 tdci in September from an independent. The car had around 60k mileage and what sealed the sale was that they had told us that the clutch and dmf had been replaced prior to the car being marketed. Not long after we bought the car noticed slight slip and revs rising in taller gears. Wondered if it was ecu or some other issue. As it wasn't too noticable put it down to the quirck of the model. This problem has recently got worse and my gut feeling was that there was a clutch issue. In the time that the car was bought have probably driven around 5k. I rang the warranty company who said that as the car had been sold with a clutch having recently being installed and that if there was a parts defect the garage would be able to claim on the parts warranty of the recently installed clutch. (Normally 12 months) Car was then taken to the dealer who noted the issue. They then had their service partner strip the clutch to discover that the clutch plate had worn out! I am now anxious as to how to deal with the next stage. Should I request proof of the part being fitted (as it is the dealer wrote the information into the service book). I am nervous that the warranty company will put this down to wear and tear and that the dealer will say that the clutch has been worn out in the space of 5k as a result of dodgy driving and walk away from it. If this was not a result of a defective part I am now suspicious as to whether the clutch and the dmf were replaced at all? Any sage advice on how to handle this or to explain what rights I have would be appreciated. Might this be a job for trading standards if the garage cannot produce receipts that indicate the work being done? Many thanks, Greentek Hi Tim. The rule of thumb is always "Would you expect the product to fail that quickly?". That's something you must ask the company. Frankly, nearly any clutch in nearly any car should last 10 times longer than what yours has. It has not failed in a reasonable time frame, it has failed in an unreasonably short time frame. Since this is the case, it is down to the company to make it right at no cost to you. That's just basic consumer rights, and the contract that both you and the trader entered into when you bought the car. In no circumstance let them tell you that the clutch failed within 5000 miles for any other reason than it being a faulty part. Edit - Also, if it turns out that the clutch and DMF weren't replaced, as you were told, you should be able to get your money back. If the product isn't as described, you have the right to a refund. Edited March 23, 2014 by MiltyG565 Quote Link to comment Share on other sites More sharing options...
stef123 Posted March 23, 2014 Share Posted March 23, 2014 The biggest issue being if there is no paper trail to go with their word of the clutch being done you have no come back really Quote Link to comment Share on other sites More sharing options...
MiltyG565 Posted March 24, 2014 Share Posted March 24, 2014 The biggest issue being if there is no paper trail to go with their word of the clutch being done you have no come back really Quite right, but the car was bought with the prerequisite that the clutch and DMF had recently been replaced. It doesn't matter whether there's a paper trail, those were conditions of the sale. Frankly, if the clutch failed in 6 months, it's faulty, and needs replaced, and not at Tim's expense. If it wasn't actually a new clutch, he'd have ever right to return the car for a full refund, as the car wasn't as described. Car dealers have a bit of a reputation for spinning a lie or 2 in order to make a sale. I sell instruments and instrument accessories for a living, and I never would tell a lie about an instrument, for the simple fact that it can backfire so badly. In the worst case scenario, somebody could take me and the company to court to recoup their losses. I also wouldn't want to lie to a customer. That's no way to run a business. Quote Link to comment Share on other sites More sharing options...
Nighthawk Posted March 24, 2014 Share Posted March 24, 2014 I think what he meant was if no papers then no proof they said that it had been replaced either. Sent from my HUAWEI Ascend P2 using Ford OC mobile app 1 Quote Link to comment Share on other sites More sharing options...
MiltyG565 Posted March 24, 2014 Share Posted March 24, 2014 I think what he meant was if no papers then no proof they said that it had been replaced either. Sent from my HUAWEI Ascend P2 using Ford OC mobile app Yes, that doesn't exactly matter, though. His word does count for something. You don't need to have incontrovertible evidence for every detail of every sale. Quote Link to comment Share on other sites More sharing options...
stef123 Posted March 24, 2014 Share Posted March 24, 2014 Yes, that doesn't exactly matter, though. His word does count for something. You don't need to have incontrovertible evidence for every detail of every sale. Yes, that doesn't exactly matter, though. His word does count for something. You don't need to have incontrovertible evidence for every detail of every sale.Try take legal action though and you will be laughed at! If the garage have been this dishonest so far then they are gonna let you try and chase them IMO. No doubt the garage will deny all knowledge of having said that.Sorry to be negative here but I always prepare for the worst with a mob like that. Quote Link to comment Share on other sites More sharing options...
MiltyG565 Posted March 24, 2014 Share Posted March 24, 2014 Try take legal action though and you will be laughed at! If the garage have been this dishonest so far then they are gonna let you try and chase them IMO. No doubt the garage will deny all knowledge of having said that. Sorry to be negative here but I always prepare for the worst with a mob like that. Absolutely, but there's no reason why you can't still win. It will be down to the court to decide who's telling the truth. Just because they lie, that doesn't mean the court will believe them. I was at a tribunal once, and it was harsh, and that was just a solicitor. Needless to say they make getting away with a lie very difficult. Quote Link to comment Share on other sites More sharing options...
Nighthawk Posted March 24, 2014 Share Posted March 24, 2014 The thing they might argue is if the customer noticed a problem so early that they should of returned it at the first sign of any issues and that continuing only made it worse. Sent from my HUAWEI Ascend P2 using Ford OC mobile app Quote Link to comment Share on other sites More sharing options...
MiltyG565 Posted March 24, 2014 Share Posted March 24, 2014 The thing they might argue is if the customer noticed a problem so early that they should of returned it at the first sign of any issues and that continuing only made it worse. Sent from my HUAWEI Ascend P2 using Ford OC mobile app Hardly a reasonable line of argument. It's a clutch - it'll wear out. The thing in dispute here is when. Quote Link to comment Share on other sites More sharing options...
Greentek Posted March 24, 2014 Author Share Posted March 24, 2014 I have an update and can report a happy outcome. Many thanks to those who responded. To update you all at the end of last week I was told that the garage would report back to me as to what would happen on Monday. Spoke to the Garage this morning who said that the work would be undertaken as their responsibility. They didn't go as far as saying 'you had a point about a !Removed! clutch!' but they appeared contrite and didn't quibble. The work was completed today and I have picked up the car and am happy to say that it is all sorted. It actually feels like a different car less vibration and the bite point is far lower and nice a smooth shifts. It feels like the car we always thought the Mondeo would be. It confirms my suspicion that either the work was done badly or not at all ahead of selling the car, Quote Link to comment Share on other sites More sharing options...
MiltyG565 Posted March 24, 2014 Share Posted March 24, 2014 I have an update and can report a happy outcome. Many thanks to those who responded. To update you all at the end of last week I was told that the garage would report back to me as to what would happen on Monday. Spoke to the Garage this morning who said that the work would be undertaken as their responsibility. They didn't go as far as saying 'you had a point about a !Removed! clutch!' but they appeared contrite and didn't quibble. The work was completed today and I have picked up the car and am happy to say that it is all sorted. It actually feels like a different car less vibration and the bite point is far lower and nice a smooth shifts. It feels like the car we always thought the Mondeo would be. It confirms my suspicion that either the work was done badly or not at all ahead of selling the car, Good resolve, Tim :) Frankly, I'd say that the dealer either had their info wrong, and that the clutch was never replaced. No clutch would start slipping after only 5000 miles. When I got my Focus, I took it for a bash around the local lanes. Came back and said to my dad "I think the clutch is slipping on that car" he said "It isn't. The clutch is new. It's how you're driving that's wrong" Quote Link to comment Share on other sites More sharing options...
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