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Used car clutch/flywheel failure — dealer being problematic (CRA 2015 advice needed)

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  • Used car clutch/flywheel failure — dealer being problematic (CRA 2015 advice needed)

    Hi everyone, I’m hoping for some guidance on a used car issue that’s dragged on nearly a month. The dealer agreed to repair but keeps delaying and debating everything - I believe I’m protected under the Consumer Rights Act 2015 but want to confirm next steps.

    I bought a car on July 4th 2025, a Range Rover Evoque 2.2d, 12 plate, 67k miles.

    It was listed for £8995, and on the listing it only said 'full service history' no other details. I did send a message via the motors website asking for more detail, specifically asking about things like clutch, timing, DPF etc. I had no response so decided to ring, was told they didn't have much info on the car as they acquired it through auction. I said I'd view it and paid a £100 refundable deposit to hold for viewing. Also stated I'd want it serviced before buying if I was happy with it, they agreed.

    Upon viewing, I asked again about history of the vehicle and was given the same answer. I had done a little research and from the MOT history I could see that the car had only done 100 miles in the past 4-5 years, so called this out. Received the same answer, doesnt know, maybe it was someones who passed during the covid pandemic. My friend who came with me (ex-mechanic), said the timing needed doing on it. The dealer conceded and dropped the price to £8400. Seemed fair because I'd get the timing done with the difference.

    I decided to buy the car, the remaining £8300 was paid to his private account, not his business account in which the deposit was paid to. The invoice is also in the dealers name, and the box was checked for in-house warranty, £400 cap. Though his website did also state that all cars were also covered by warrantywise as standard.

    Few weeks later the EML comes on and car is misfiring. I had the codes read and it pointed to an injector, I had the fuel filter replaced and this has seemed to resolve the issue for now, hoping its not injectors. This was done at my own cost, I didn't contact him about it because the cost wasn't worth the hassle. I also had the timing belt replaced at the same time as I knew it needed doing.

    Now the real issue, the gearstick felt a bit sticky going into first and reverse specifically, it gradually got worse and on the 27th September 2025 (within the 3 month warranty) it failed and the car has been off road since. I contacted him immediately and asked about warranty, what his website says, and how is this going to be resolved. He told me to have it checked and let him know, I told him the car is undrivable, I cannot have it recovered somewhere until you confirm liability and location, near to me, or back to you (im an hour drive ish away). He told me to try and drive it to a garage and get them to look at it, and that the warrantywise on his website, they no longer use it so im not covered by that, but get a quote and he'll see if he can help.

    I insisted on him confirming liability and location first, so I instead phoned 3 garages and explained the issue and see if I could get some rough quotes. Clutch doesnt work with engine on, gears were sticky prior to this happening, have pedal pressure. The first garage quoted me £1313 pre-inspection, sounds like clutch and possibly flywheel but wont know until gearbox is out. Second garage said the same thing but quoted £1500-£2000. Third garage said they wont deal with it because of disputes with dealers/warranties.

    So i did the best i could do given the circumstances, he'd not confirmed anything, I got a rough quote and went back to him. He argued over price and suggested they're inflating prices, and told me to look on GSF and EuroCarParts at part prices, I did, and the prices were the same or even more. I said I can't get trade price like he maybe can, so if he wants to do it himself then thats fine but he'd have to recover the car. He refused to pay for recovery, and also deleted the warranty section from his website (I do have screenshots of it prior).

    I then said Im covered under the CRA2015, which his website also says they honour (AA standard), and he said fine get it back to him and he'll fix it, but still refused to cover the recovery fee. This went on for like 2 weeks in total from the breakdown date, in the end I gave in just to get this sorted, but i believe he shouldve paid under CRA? no cost to me it states? He said to get the car to him for the 13th/14th as it was booked in for the 15th october (yesterday). Sent the car to him on the 13th October, he didn't bother to tell me he'd received it until the 15th.

    Now he's messaged me yesterday saying the car was supposed to be going in, he knows what the issue is, its the clutch, if I want the flywheel replaced then i can cover the cost. I told him if its not at the garage yet and the gearbox isnt out, he wouldnt know the condition of the flywheel, so i'll hold back an answer until then. Argues back saying its not the flywheel, garage wont wait around for me to make a decision or parts to be ordered, he'd already ordered the clutch (not the flywheel). Then said that the mechanic had an emergency and is now off for the week? it'll be looked at next week, 'out of hours' as thats the only time they can fit him in?

    I said the same thing he said to me, it needs an inspection first, he's guessing, we can confirm once the flywheel has be inspected. So I said if the flywheel failed it would be on him to replace, if it was in good working condition then sure, i'd cover it for peace of mind - however, i want the old flywheel back as evidence of condition. (Did ask for pictures/videos first but he declined).

    He's now said he'll just get the clutch done and leave the flywheel unless the mechanic says its knackered. I've asked has he now rescinded the offer for me to cover the cost of the flywheel and replace it proactively if it hasnt failen. I've also said im covered by CRA again, this has been going on for nearly 3 weeks at this point and its still not going to be looked at until next week. And that i expect an invoice from the business who did the repair, I just don't trust the guy at all.

    Where do I stand? At what point can I say his one chance to repair has been exhausted? If its not done by next weekend (say 27th so its 1 month off road total) can I recover the car back organise repair local to me and send an LBA to claim all costs back?

    My understanding is that he's violated 'a reasonable time', 'no cost to me' and this has definitely been a 'significant inconvenience'. I'm not even sure if you could say the car was sold in satisfactory condition anymore?

    Thanks for any feedback, this is my daily driver so need this resolved asap.


    Tags: None

  • #2
    Hi Entropy

    Welcome to LB

    How did you pay the deposit?

    Comment


    • #3
      Originally posted by echat11 View Post
      Hi Entropy

      Welcome to LB

      How did you pay the deposit?
      Hey,

      The deposit was paid by bank transfer to the dealers account.

      Thanks for the response

      Comment


      • #4
        If you believe the Trader isn't being upfront with you, amend (I don't know if they are part of a Motor Ombudsman Scheme)
        the following letter, you have rights under the Under the CRA 2015. Set out your complaint, include a screenshot of the Warranty,
        as that from what you are saying is 'misleading'. Send it recorded Delivery.

        https://www.richmond.gov.uk/tsleafle...20are%20faulty.

        https://www.which.co.uk/consumer-rig...e-aOd8M7G1lxF0

        Comment


        • #5
          Originally posted by echat11 View Post
          If you believe the Trader isn't being upfront with you, amend (I don't know if they are part of a Motor Ombudsman Scheme)
          the following letter, you have rights under the Under the CRA 2015. Set out your complaint, include a screenshot of the Warranty,
          as that from what you are saying is 'misleading'. Send it recorded Delivery.

          https://www.richmond.gov.uk/tsleafle...20are%20faulty.

          https://www.which.co.uk/consumer-rig...e-aOd8M7G1lxF0
          Hey, thanks for the response.

          Well I guess the real question here is, at what point does the traders one chance to repair become exhausted?

          - Car has been off the road for 23 days in total (27th September), it took over 2 weeks of back and forth before he said bring it back to him and he'll fix it.
          - I had to pay recovery because he refused, just to access my statutory rights, sent him the car the 13th October.
          - Was supposed to be booked in for the 15th, cancelled and no new date given, just told would be done 'out of hours next week' (week starting today).
          - Car has not been looked at or stripped yet, but he's trying to tell me he knows the fault and the flywheel can be changed at my expense as its fine.
          - I've said he's guessing at this stage as it has not even been inspected yet. Can't ask me to pay for things when it hasn't even been diagnosed, but I did agree in principle - If the part has failed then that would be on him as part of the repair, if it has not failed then I would cover it but require the old part back to be examined.
          - He refused that and seems to have rescinded the offer to allow me to have the flywheel changed if it is in good condition, because I wanted the old part as evidence.
          - Not responded since the 16th October.
          - Did email him again on the 17th saying I need the car back by the 24th October because of the school half term, and at that point i'll need a courtesy car if its not done.
          - Still no response, its the 20th October today.

          So what is classed as a 'reasonable' amount of time? The job would take 1-2 days. Its been offroad for 23 days, and in his possession for 7, with next to no communication and already one cancelled scheduled appointment. Have my rights already been breached?

          If it is not complete by the end of this week, by next Monday it will have been off the road for 1 month and in his possession for 2 weeks. When can I state I consider his repair chance exhausted, and I will pay to have the car recovered and fixed locally, and pursue him legally to recover costs?

          Thanks for any feedback.

          Comment


          • #6
            Originally posted by Entropy View Post

            Hey, thanks for the response.

            Well I guess the real question here is, at what point does the traders one chance to repair become exhausted?

            - Car has been off the road for 23 days in total (27th September), it took over 2 weeks of back and forth before he said bring it back to him and he'll fix it.
            - I had to pay recovery because he refused, just to access my statutory rights, sent him the car the 13th October.
            - Was supposed to be booked in for the 15th, cancelled and no new date given, just told would be done 'out of hours next week' (week starting today).
            - Car has not been looked at or stripped yet, but he's trying to tell me he knows the fault and the flywheel can be changed at my expense as its fine.
            - I've said he's guessing at this stage as it has not even been inspected yet. Can't ask me to pay for things when it hasn't even been diagnosed, but I did agree in principle - If the part has failed then that would be on him as part of the repair, if it has not failed then I would cover it but require the old part back to be examined.
            - He refused that and seems to have rescinded the offer to allow me to have the flywheel changed if it is in good condition, because I wanted the old part as evidence.
            - Not responded since the 16th October.
            - Did email him again on the 17th saying I need the car back by the 24th October because of the school half term, and at that point i'll need a courtesy car if its not done.
            - Still no response, its the 20th October today.

            So what is classed as a 'reasonable' amount of time? The job would take 1-2 days. Its been offroad for 23 days, and in his possession for 7, with next to no communication and already one cancelled scheduled appointment. Have my rights already been breached?

            If it is not complete by the end of this week, by next Monday it will have been off the road for 1 month and in his possession for 2 weeks. When can I state I consider his repair chance exhausted, and I will pay to have the car recovered and fixed locally, and pursue him legally to recover costs?

            Thanks for any feedback.
            It's not defined in the CRA 2015, but two weeks is a reasonable time to fix the car, his 'non communication' isn't helping your situation.
            Give him the 'deadline' in writing.

            Comment


            • #7
              Originally posted by echat11 View Post

              It's not defined in the CRA 2015, but two weeks is a reasonable time to fix the car, his 'non communication' isn't helping your situation.
              Give him the 'deadline' in writing.
              Thanks again for the response.

              Sent him a formal notice saying this would be escalated next Monday, and if it got that far I'd have to seek to recover costs for recovery and independent repair from him. He emailed me saying it should be finished this week he'll update when he knows more, pretty vague but seems to have agreed? Hasn't confirmed if he's only changing the clutch or clutch and flywheel. Will update on how this goes.

              Comment


              • #8
                Originally posted by Entropy View Post

                Thanks again for the response.

                Sent him a formal notice saying this would be escalated next Monday, and if it got that far I'd have to seek to recover costs for recovery and independent repair from him. He emailed me saying it should be finished this week he'll update when he knows more, pretty vague but seems to have agreed? Hasn't confirmed if he's only changing the clutch or clutch and flywheel. Will update on how this goes.
                However coinvent it is to contact him by phone, don't do it, don't get into 'chit chatty chat'.

                Everything in writing, you need to show him you mean business.

                Comment

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