New car - broke down 1 mile from garage forecourt

[Mrsjrewing3]

I paid a deposit on a 2023 reg car on Saturday. I decided to finance it on a 4 year PCP deal. I did not trade my old car (paid off / no outstanding finance) in with dealer as it turned out that webuyanycar were offering me more money. Took old car to webuyanycar on Sunday and traded in car.

On Tuesday I signed the finance paperwork for new car and paid the remainder of the deposit (£2000). Insurance in place, road tax paid (£190) and DVLA paperwork signed. At around 5pm I drove the car out of the garage and at 5:04 pm it broke down (clutch would not engage - stuck to the floor).

My ‘New’ car had to be left at the side of the road (turns out it was not towed until 11.30 yesterday morning) and the salesman drove me back to get a courtesy car. No one contacted me at all yesterday to update me on what was happening - I left messages. Eventually the huffy salesman. phoned me back around 5pm claiming to have been offsite all day. He informed me car was being looked at by mechanics but would be no more news until Thursday (today). In reply I said it didn’t matter anymore as I no longer want the car - I’m not being tied into a 4 year PCP agreement for a car that broke down minutes after leaving the garage.

His reply was shocking. Claimed that was nothing to do with him as it was above his pay grade and if I wanted out the deal it was between me and the finance company. He says nothing is going to happen until the mechanics find out what is wrong with car. I don’t care what they find out - I’m not buying that car!

So here I am - Thursday morning - my old car is traded in, dud of a new car is in the garage and having to depend on a salesman who thinks I should just take the car once it is fixed. I am expecting a phonecall at 3pm today from a more senior member of staff on the back of an email I sent to the national contact centre.

Sorry about the long message but basically where do I stand? Surely I have consumer rights (I haven’t even been able to drive the car home!) and I can return the car and it is on the garage to get me out of the finance deal immediately and fully refund me? Thanks for any advice / tips on how to handle the situation.

How awful!! You do have consumer rights even with the payment plan. That is utterly ridiculous - stick to your guns.

Agree with PP. There is no caveat emptor when you buy from a dealer. They are experts so you should be able to buy with confidence:

We had similar actually when we bought a car a few months ago. Got most of the way home and something fell off it. We initially discussed not keeping the car due to lack of confidence. They tried to tell us we couldn’t and I asked them to show me the part of the consumer rights act where it said I couldn’t return it because it was on finance. They backed down. We did actually end up keeping it though as it was a minor fault (think trim rather than wheel)

The one thing I wasn’t happy about though was that they wouldn’t allow the deposit to be paid on credit card, which I wanted to do due to the extra protection. No idea if I could have pushed this or not, but you’ve reminded me to go and find out.

I don't know anything about the financial aspect but I can tell you it makes sense that they need to establish the reason for the breakdown.

I'm absolutely not saying you actually did this, but it is a possibility that the clutch has gone because of your driving. So they're going to need to look it over to find out whether it was a preexisting fault, a spontaneous one, or driver error.

Again, I'm definitely not saying that you did anything wrong - just that they need to rule that out. You can break a clutch in a very short distance.

In 4 minutes? Can you break a clutch in 4 minutes?

www.themotorombudsman.org/knowledge-base/what-are-a-consumers-legal-rights-when-buying-a-car

Did you not purchase a warranty? No way would I blow 10s of thousands (presuming as a 23 plate) and not add a few hundred pound warranty.

It comes with a warranty. Quite unusual as not the standard 3 year - this make has a 7 year warranty.

You can, yes.

I think it would be worth posting this on the Martin Lewis forums OP. You’ll get better advice there rather than questioning how you managed to break a clutch within 4 minutes.

Clutch pedal sticking is likely to be a clutch master issue, or a hydraulic fluid issue. Could be easily fixable. I agree that it’s disconcerting on such a new car, so can see why you would want a different car, but it might be ok.

I picked up a second hand but nearly new car in about 2007, within 10 miles it had an ABS warning light. Took it back to garage and they replaced the ABS unit and all was well.

If they fixed the fault how come you’re adamant you still don’t want the car? If that had happened to me and was other wise fine and they replaced the clutch for free I’d still have the car. But I loved the car and was not going to leave there without it!

I’ve read the PPs link and technically they have to let you return it in 30 days, so lay those cards on the table if you really don’t want it.

Hello. The car hasn’t been fixed yet. The fact a fault developed immediately has knocked my confidence in the car. I am wary of continuing with the deal, more problems develop, and I spend the next 4 years taking it in and out of the garage (and no doubt being financial liable for some of the costs). No way of predicting the future but I am a worrier!

I was very clear that I was not suggesting that the OP has broken the clutch. But obviously they can't let her return a vehicle that has developed a fault after being driven until they check whether driver misuse is a factor.

@DoctorAngelface You are incorrect the Consumer Rights Act 2015 applies to op.

@Mrsjrewing3 you have right to reject the car within the first 30 days and they must return your money and cancel the finance agreement.

you need to e mail them rejecting the car stating reasons and tell them if they do not you will issue proceedings in small claims court.

Your consumer rights apply, but the salesman is correct. You need to deal with the finance company, not the dealer. Your contract is with the finance company.

I didn't say it didn't apply to OP. But no, you are not entitled to buy a second hand car, damage it, and then return it with no questions asked.

As I said, I'm not suggesting OP has damaged it but the seller still needs to rule that possibility out. It is possible to badly damage a clutch within a short distance.

Do you think they wouldn't bother to investigate the fault before refunding? OP could have taken a sledgehammer to it for all they know without a diag.

You mean no, no you can't, you silly sausage 🤦🏻‍♀️

You absolutely can. You can scorch a clutch so badly it needs replacing in as little as 30 metres.

I'd be emailing them and head office today stating that you wish you cancel / rejecting, so that there is a paper trail of evidence. Do it today.

Very curious about what I could unwittingly do to break a clutch in 4 minutes!
genuinely would like to know

I've wondered that myself! I don't know how you don't notice the noise or the smell. But if you wanted to scorch it, it's surprisingly easy. You just need to razz it at the biting point for too long - keeping the handbrake on and trying for too long to get it moving would do it.

I've seen it loads. It's usually inexperienced drivers who do it.

I paid a deposit on a 2023 reg car on Saturday.

Well for starters its not a new car. New to you perhaps...

No details on previous owners, model in question, mileage etc.

All factor into how the clutch crapped out on you. Especially if previous owners were abusing it.

Previous owners abusing it is not OP's problem. The car must be of satisfactory quality given its age, mileage and price. If the previous owners wore out the clutch through misuse, that is the dealer's problem, not OP's. However, as per my previous post, OP's contract is with the finance company. If OP wants to reject the car, she needs to talk to them.

You are covered by consumer rights.
Contact citizens advice bureau.

"Previous owners abusing it is not OP's problem. The car must be of satisfactory quality given its age, mileage and price. If the previous owners wore out the clutch through misuse, that is the dealer's problem"

I agree, but those are still relevant for the OP. Had she known those facts, would she have bought it?

No.

So while its not strictly her problem, it IS now.