£700 bill for clutch - who is liable? Advice needed

[LuckySeven]

Hi everyone, I am new here and want to say thanks in advance for any help or advice I receive. Apologies for the length of the post but I want to make sure I give all the relevant info.

 

Eight weeks ago I purchased a 3 year old Honda Civic from a franchised dealership (not Honda). Last week the clutch started slipping in 1st and 2nd gear and I took the car to Honda, who diagnosed a failed clutch. The bill for replacing the clutch will be approximately £700.

 

Honda say that in their opinion the failure of the clutch is caused by the adjuster causing wear to the pressure plate. As far as they are concerned it is a long standing problem that couldn't have been caused in the 8 weeks that I've had the car and apparently there is nothing I could have done to prevent it. When I called the warranty company they told me in no uncertain terms that they will not cover it, because it was an existing problem with the car when I bought it. They referred me back to the dealership who sold me the car, who they say sold me something that was 'not of merchantable quality' (their words).

 

So I called the dealership, who told me to speak to the warranty company. I explained what the warranty company had said and arranged for the dealership to call Honda to get all the facts. After speaking to Honda the dealership then called the warranty company on my behalf and as a result of this call they have agreed to send their own engineer out to assess the problem.

 

What I'd like to know is what options I have in the event that:

a) the engineer agrees with Honda's diagnosis.

Who is liable? Me, the warranty company, the dealership or Honda themselves (the car is 2 months out of manufacturer's warranty but it's a longstanding problem with one part causing wear to another).

 

b) the engineer disagrees with Honda's diagnosis and sites another reason for the failure, such as driver error.

 

If no one accepts liability, would I be wise to get Honda to provide a written report and then go to Trading Standards, and if so who do I need to target?

 

Honda themselves have been absolutely brilliant so far, so helpful and a pleasure to deal with - but I don't know my rights and I am worried. £700 is such a lot of money and it seems unfair that I should have to foot the bill.

 

Thanks

[BankFodder]

It is unfair that you should have to foot the bill. Luckily you are covered by the sale of goods act which provides that the item that you buy must be of satisfactory quality. This means that it must be of a standard which would be expected by reasonable consumer in your circumstances -- and for a reasonable time.

 

The dealer is liable.

 

I suggest that you don't start locking horns or going into any conflict with anybody at the moment. Simply gather your reports, the evidence, keep a log of all telephone calls that you make and make detailed notes of all conversations which you have made so far and which will make in the future. Frankly you should not use the telephone without recording your calls.

 

When all the various diagnoses have been carried out, then write to the dealership and asked them to carry out the work. If they refuse then send them a seven-day letter before action and then Sue them if necessary.

 

Don't make threats to sue if you don't intend to carry them out.

[LuckySeven]

Thanks for your help, I appreciate it.

 

The dealership that I bought the car from is 120 miles from where I live so I have no means of getting the car there as it is currently minus a clutch and Honda want it off their ramp within the next working week. So I guess I need to get the clutch done and, if I have to, then try to pursue the dealership for reimbursement of the money.

 

Hopefully it won't come to that. Thanks again

[MARTIN3030]

Will move your thread.Keep us posted with the conclusion.

[raydetinu]

You need to contact the dealer and make him aware of the situation and agree the best way forward; they come and get it or let honda do the repair and they pay with maybe honda chipping in as good will? but you must make it known that you hold dealer responsible and that you giving him the opprtunity to do the repair.

[LuckySeven]

Hi guys

I have an update for you.

Honda called me first thing this morning and said that the Warranty Company had been on the phone and had agreed, in light of the info provided by Honda, that they will cover the cost of replacing the clutch. As I need to settle with Honda and then reclaim the money from the warranty company, I have sent them (the warranty company) an email asking to confirm it in writing. No reply received as of yet, but I did only send it a few hours ago. How long should I give them before I chase it (Honda have ordered the part and the repair will be done tomorrow).

 

Thanks

[MARTIN3030]

Given the circumstances,theres no reason why they should not respond right away.

Email confirmation is within itself adequate,although during the process that should follow you should have other things in writing.

Sounds promising.

Edited May 18, 2009 by MARTIN3030

[LuckySeven]

The warranty company have now sent me a screenshot of their system showing the claim has been authorised and that they are now waiting for the invoice from me.

 

Success!!!

 

Thank you all so much. I think a lot of credit needs to go to Honda too as the guy there has been brilliant so I will be writing to their head office to tell them!

[MARTIN3030]

Yes credit should go to Honda-we dont usually see so many positive results as this without a lot of fighting !