major gear / clutch issue - urgent help needed please

Hi all,
1st post which is a major one for me, I will deal with an intro post later, but I have a rather urgent issue so please forgive me!

I drove my TD5 (a 1999 diesel/ manual gearbox) Discovery home yesterday (Kent to Surrey) with no obvious (to me, anyway) problems other than the fact that the gear change is slightly different than anything I have ever driven. I test drove a slightly newer model (2002?) a few weeks ago at a local second hand showroom and had the same experience so put it down to a ‘quirk’ of this type of vehicle. Was this wrong of me? (It felt like the ‘H’ shift pattern was twisted at an angle (if that makes sense), but this might be because the lever is further away from me than I am used to, and was the same on the newer model driven a few weeks earlier so I didn’t see it as an issue)
The gear change did, however, seem a bit 'notchy'
This morning I loaded the dogs up in the boot and tried to put the car into first gear and it wasn’t happy. It made a quiet, grinding noise (but not the sound of grinding gears!) as if the clutch wasn’t engaging properly and the car struggled to move. When moved into neutral (with clutch still down) the noise persisted until the clutch was raised. Pressing and releasing clutch while in neutral did not cause the noise to return (no load?). The noise did not restart until I pressed the clutch and tried to select a gear again.
I spent about 10 minutes experimenting through the gears (reverse/first/second), and the only gear it seemed happy with was second. In short, the car won’t move.
I have never previously owned a 4x4 so I asked my neighbour (a car welder) who owns a 4x4 (jeep) to have a look.
He wondered if it might be the ‘first motion shaft into flywheel’ bearing (is this the same as a thrust bearing?). A 'spigot bush was also mentioned on a Google search. He suggested I get our local garage/mot centre (whose garage is 2 doors down from my house) to take a quick look tomorrow morning – which I’ll do.

I am unsure as to what to do at this point. I spent a little over 2 grand on this car (via Auto Trader – trade) and would like, if possible, to keep it. I have read up on consumer rights and apparently I can phone the dealer and either ask for a full refund, or opt for him to pay for the repairs – which I would prefer.
Would Auto Trader be able to provide me with the original advert? I ask this because it was advertised as ‘excellent condition throughout.’ It was also advertised as ‘Trade’ but we viewed it at his home. (He had a couple of others on his driveway at the time that he was selling.)

As a ‘worst case scenario’, I have considered looking at what the cost would be to replace the gearbox (reconditioned) and have a new clutch fitted, since that would surely solve any problem in that department. Can anyone tell me what to expect in terms of a price? I have tried Googling second-hand gearboxes for this model without success. Ball-park figures?

If I wanted to return the car, I’d simply phone the seller and demand a refund under the ‘not fit for sale’ category. But I don’t really want to phone the guy I bought it from without first knowing what is wrong with it. If it’s a fairly simple problem that’ll cost a few hundred pounds (below £350.00) then I would like to keep it and just ask him to foot 2/3 towards the bill. If, however, I’m looking at a higher bill, it’s going to have to go back – unless he’s willing to shell out for the full repairs.

Phone him up and tell him it's fooked and ask him what he intends to do about it.

Check ya internet browser history. The link should be there unless you've cleared the history since you bought it.

Don't even think about getting the work done yourself. if it does need a recon gearbox your looking at a grand to get it done.

two things realy, if it is still under waranty take it back and get him to do the repairs or at least pay for them. how long have you had the car??.if not too long do as redhand suggests take it back abd tell him to sort it or get your money back. the man who sold it was a trader so you do have rights,be interested to know how you get on.


ron.

Agreed with my learned friends. Tell him that it is ' not of merchantable quality'. This is an important phrase with regard to trading standards. He should bend over backwards to help you. Good luck, and if he becomes a bit silly about it, mention that you might have to take the case to local Trading Standards Authority. Before you do though, do remember you have two gearboxes, and you should check that you are in HI or LO box, and not hovering somewhere in between. Good luck

Dont think you got a leg to stand on if had more than a month.

by rights you have a legal 3 months if bought as a 2nd hand vehicle, may have to read the riot act or the trading standards etc, but if it has been invoiced as trade i wouldn't like to say,

I had a problem with a Audi i bought before getting my Disco. I bought the Audi for £6000 and within 3 months had to spend £3000 getting it fixed. The garage refused to do any repairs, and i couldn't be left without a car so had no choice but to get it fixed. In the end i ended up chasing them through the small claims court and got my £3000 back!! It was a right nightmare, so my advice would be to send it back and find something better. Good Luck!

Thanks for the replies guys! Sorry I have not replied sooner - been trying to sort this stuff out.
A mechanic from my local MOT shop (a few doors down from my house) had a look and diagnosed the clutch bearing / concentric slave cylinder and the pressure plate as being knackered. Quoted £658 all in. Arranged for the seller to contact the garage to pay for the work but they can't do it as they mainly deal with MOT 'testing' (as opposed to 'all' repairs), and only specialise in Mercs. So they can't do the work. Seller suggested I try other clutch repair places so Mr Clutch quoted £530 inc VAT & labour + £80 for a low loader / flatbed recovery (as the car cannot be driven). Note - seller is not offering either a refund, or to do the work himself. Some concerns - I put the car into a local workshop, seller agrees to pay, work is done, seller refuses to pay, the car won't be released until paid for - therefore I may as well just pay for it myself. Or, seller takes it away to be fixed at a place of his chosing, but still has our money. Really think we're going to see the money again? Or we get a refund. From his slippery attitude so far, it doesn't look likely.
Currently in discussion with Trading Standards and doing some 'sniffing around' to track him down as he seems to be 'operating' from two addresses

Can't you get his agreement to pay in writing, then get the garage to invoice him direct?

Keep in close contact with Trading Standards. If he's been a cnut to you, good chance he's done it to others. Keep us posted. But getting his signature on a piece of paper would be useful, but unfortunately I don't think he will do it. Good shooting.

Hopefully you get something positive out of trading standards

The other way of doing it would be, get the work done and pay for it. Then go to the small claims court to get your money back. He won't have a leg to stand on, because of the timescale, and will lose the case. Leg the law do all the hard work chasing this muppet up.