- 8 June 2016 at 2:44 pm #90522
My partner bought a car on finance 8 weeks ago, the car was also MOT inspected 8 weeks ago by the car dealer. On Sunday the car started making a squealing noise and he took it too the dealer he bought it from on Monday and they said the clutch had gone. He paid extra for 15 months warranty and they are saying that he will need to pay 50% of the cost of repair because the clutch is a consumable.
We think that he shouldn’t have to pay anything towards the repair because he has only had the car 8 weeks and it passed an MOT 8 weeks ago, plus a clutch should last a lot longer than 8 weeks.
Can you advise on what we can do?
- 8 June 2016 at 4:41 pm #90540
Hi Melanie. To make a claim under the Consumer Rights Act, the problem has to have been present at time of purchase. This is difficult to prove on a wear-and-tear item; some drivers can manage to burn out a clutch very quickly if they are are not very adept at changing gear. Even allowing for the fact that the car passed an MOT inspection two months ago, it is entirely possible the clutch could have failed since then.
You will need to check the warranty documentation to see if there is a specific exclusion for the clutch, and speak to the warranty provider if necessary.
You could try to fight the dealer and demand that the clutch be repaired for free under the Consumer Rights Act, but if they refuse to do so then you will have to get a lawyer involved to take legal action against them to try and force the issue. Even if this works, it is still likely to take a long time and cost you money. If you can’t prove the clutch was faulty at time of purchase, you may be better off taking the offer of paying 50% of the bill.