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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > UK Off-Topic Discussions > New clutch after 3 weeks... advice needed!



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      07-18-2014, 12:48 AM   #23
scooba0010
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I am curious, What is the response from the supplying dealer , Have they said just it isn't there problem , What about trading standards .
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      07-18-2014, 03:14 AM   #24
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Dealer has pretty much said there is a warranty on the car so go get it checked - at my cost. IF its a mechanical breakdown then the warranty will pay, if its wear and tear then i pay.

But in the meantime i have to pay.... so no.
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      07-18-2014, 04:19 AM   #25
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I would think it's classed as wear and tear, but can you use like a launch control? As some Ferrari cars can only use launch control a few times before the clutch is worn out! Could it be something like that which has worn it out?
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      07-18-2014, 04:58 AM   #26
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Launch control??

Well... left foot and right foot = launch control!

And no.... i really havent hammered the car in anway as i always found the clutch super stiff with a high biting point so stalled it a few times!
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      07-23-2014, 06:17 PM   #27
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I must be missing something here..

The car was purchased with a broken turbo actuator which was known about through a pre purchase inspection. This constituted due diligence by someone. Who paid for the inspection?
Did the scope cover visual inspection of the clutch?

When the repair was completed another underlying issue became apparent. who paid for the repair?
Was any agreement entered into covering what would happen if that repair was unsuccessful?

Suggest you inform the lawyers that time is of the essence as they are running up a nice bill.

The car dealership is in a position of responsibility to supply a vehicle fit for purpose and of merchantable quality. Being used, it doesn't have to be defect free but Failure of a fundamental component following a known defect such as a turbo not working isn't unreasonable. First recourse should be with the warranty company. If they don't settle it the dealer must.


Have you already sent a notice of rejection and ceased use of the vehicle?

The alternative is to pay for the repair and to reclaim it from the dealer. Moneyclaim.gov.UK if necessary.

Good luck.
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      07-24-2014, 04:17 PM   #28
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Wow... sounds like you know whats what!

Waranty company won't do it as they claim wear & tear, and dealer doesn't want to help out.

The inspection was paid for by me ... legal support from elephant.co.uk being a bit useless and slow!

Will checkout money claim.gov tho
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      07-25-2014, 09:01 AM   #29
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I had a very similar situation to this when I bought my BM.

Taking my boy to school one morning (about 2-3 weeks after buying the car) in heavy rain and the car stopped suddenly with DSC, DTC, Gearbox errors flashing up all over the dash, turned out to be a problem with the ECU housing being blocked up at the bottom and was basically filling up with water. Diagnosis was a water damaged DME ECU. Cost @ £1,137.

The warranty company did what most do and gave some lame excuse about how electrics were not covered for water damage. I went back to the dealer that I bought the car from with the issue and they made every effort to distance themselves from any responsibility.

I researched on the net quite vigorously about my situation and 'trading standards' and 'fit for purpose' was the common theme I was picking up.

I got onto a site (can't remember it) and downloaded a trading standards template (it may have been from Trading Standards site come to think of it) and you basically fill out the unique info like date etc and send it off to whoever you need to. I did this and sent it to the car dealership I bought from and followed it up with a call to which they complied, stepped forward and payed the bill.

If you have time (and assuming you haven't already sorted it) check it out.

Good luck bud
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      07-25-2014, 02:01 PM   #30
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Ta for that buddy... ill DEF be googling for that template!!

If you do remember where it was from etc - be much obliged!
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      07-26-2014, 12:23 PM   #31
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Try this one bud - at the bottom of the page there are links for the templates provided, first lot are DOC file type and the second lot are identical templates but in PDF.

Have a look at the one called 'Refund for faulty car' - pretty sure this is what I used.

http://www.tradingstandards.gov.uk/c...v0006-1011.txt

Really hope you manage to get it sorted in the right way, by that I mean the dealer should take full responsibility.

Let us know how you get on.

Rich
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      07-26-2014, 12:43 PM   #32
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Have a look here also.

http://www.honestjohn.co.uk/faq/consumer-rights

Basically under most circumstances (maybe not yours, though) a fault that appears in the first 6 months is deemed to have been present at the time of sale unless the dealer can prove otherwise.
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      07-26-2014, 05:39 PM   #33
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chers gents!!!

much much appreciated
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      08-05-2014, 03:59 AM   #34
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So as an update...

The letter appears to have worked

Dealer called and said their course of action was:

1 - take the car to a specialist to strip the clutch and confirm thats its not a warranty issue. If it is, warranty company pay to have it fixed.
2 - If its not a warranty issue (which i dont think it will be) they will pay half the costs.

I think thats a fair outcome as i get a new clutch, and will have other work done to the engine as it will be taken out of the car - eg spark plugs, new hoses etc.
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      08-05-2014, 04:10 AM   #35
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Sounds fair enough.
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      08-05-2014, 08:28 AM   #36
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Fantastic mate!

Really chuffed you managed to get a result on that, hopefully it will get covered under warranty once they get it all out and have a look, that way you won't have to pay a thing!

Either way half the cost covered by the dealer definitely lessens the blow.

Nicely done.

Rich
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