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Sold defective car - No responsibility, Warranty not interested, do I have a claim?

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  • Sold defective car - No responsibility, Warranty not interested, do I have a claim?

    On the 18th April, I bought a used car from a dealership three weeks before I passed my drivers test. I went with someone that knew about cars, and they drove it home for me. The car sat outside the back of my house, and I got it insured/taxed and went out in it ONCE about a week before I passed my test with a supervising driver and L plates, to the shops down the road so I was out for about half an hour. I noticed the car wouldn't go into gear properly, but I assumed because it was a new car for me it was my fault as I was getting used to it and carried on.

    I pass my test just over two weeks ago, and obviously I start driving the car. Persistent issues were that the car wouldn't go into gear properly at times, and a couple of other issues until this past Wednesday when the clutch went while I was about an hour away from home. I took it to a local mechanic the next morning, and they confirmed I would need an entirely new clutch kit: £450 ish. I ring the dealership, and the guy was nice enough until he found out I had been given a warranty when I purchased the car by "Warranties 2000" which came with the car when I bought it (I didn't pay extra). He got very aggressive as I explained the mechanic wouldn't accept the warranty because apparently they were notorious for dragging the process out/not paying. He said it was nonsense and I was "talking to the wrong person" (bear in mind at this point I have had the car for six weeks maximum).

    So I hang up, and I ring the warranties company. The dealer said they would give me a list of garages nearby, yet the warranty company said any that weren't a main dealership would be fine. I rang 9 garages, and none would take it on unless I paid first (I didn't have the money to pay it all at once), so I ended up trying Halfords auto centre. They said they would do the work, so I took it down and they estimated cost/labour at £650 so I said I would pay the excess. My wife isn't well, she's disabled and I take my daughter to school so I need a car.

    I speak with the warranty company and they confirm they have an account with Halfords so my choice was acceptable. The garage takes out the broken clutch, takes pictures etc and then inform me the warranty company ring back after a day of trying for contact and announce they are sending down "an independent engineer" to verify the damage. I rang the warranty company and asked why, as I have been driving the car for 11 days and the clutch is already gone and they say its "procedure". Get back to the garage, who told me this happens a lot and the engineer tends to say it's "wear and tear". They say the engineer will be down on Tuesday, and until then my car is sat raised on a ramp with its clutch obviously out, waiting for replacing and the warranty company will not even consider repair until their engineer has been down, and sent off a report.

    I was told I could pay and get the money off the warranty company after by Halfords, which would involve fighting it out but I needed the car and said I could not pay the full amount at once. They explained they had a monthly payment option, which I can afford and I said I would go for that instead as the warranty company lied again to me on the phone, saying the engineer would be out on Monday then telling them Tuesday etc. They have replaced the clutch and gears etc, and I am meant to pick the car up on Monday. Legally, I am wondering where I stand as obviously the dealership would not take responsibility and I am aware they are legally obligated under the Consumer Act of 2015 to at least offer to repair it after the 30 day mark. They also didn't provide me with a tool used to unlock the wheels of the car, so I had to pay extra for that and for the wheels to be removed, so that was an extra £120. I wouldn't necessarily charge for that, but I want the money I have paid for the clutch back as it was obviously defective when I bought the car. Where do I stand?
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