I bought a 1991 (J) Defender 90 two weeks ago (29th Nov) from a small dealer about 40 miles from my house. 13 days later I noticed that the clutch was behaving as if the release bearing was on the way out, so took it to my local (1 mile away) specialist. They, when I described the symptoms, agreed that it was likely to be on the way out. On the 15th day of ownership (and having only covered 300 miles) the clutch gave way and left the car stranded on my drive.
I contacted the original dealer today, who were not too happy to hear from me!! I was told that they would look at the car at their neighbouring garage and then decide if it was an item that was already worn when they sold the car, hence making it unfit for it's purpose when they sold it to me. When I pointed out that I could not get it to them they told me that it was not their problem, that they would not collect it and would not re-imburse me for any transportation if their garage confirmed that it was an existing fault.
I am now left with a car on my drive that I can not use and I need to make a decision whether to take it to them at my expense and risk them refusing to replace the clutch or to get it repaired locally, also at my expense, but with minimal hassle and at least I know more or less what it is going to cost me.
Some questions for you:
- Is the garage owner right when he tells me that I am responsible for getting the car to them regardless?
- Should I force the issue and reject the car, saying that they were given opportunity to repair it and they have not. Then insist that they have to collect it (and charge them storage if they do not?)
- Should I get it repaired at my local dealer, after giving them opportunity to collect it to repair, and then bill them (small claims court being the ultimate end)?
- Should I just shut up, learn my lesson for future and get it repaired myself?
I have never before found myself in this position and therefore consider myself a novice, so any legal tips or words of wisdom would be appreciated. There is another arm to my story that I will publish once I have got this aspect sorted in my head!!
Please help, Frazer