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Rejection of Vehicle Under Consumer Rights Act 2015 for Clutch Issues

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  • Rejection of Vehicle Under Consumer Rights Act 2015 for Clutch Issues

    Hello, so this is a bit of a long one.

    I am the owner of a Peugeot 208 which has suffered a catalogue of issues since I purchased it.

    I got the car at the end of April 2017, and started having problems with the clutch pretty much straight away. Apparently this is very common for the model, with the bite point being very high and regularly reviewed as unmanageable and problematic. This caused a lot of issues with stalling, which were reported withing the first month, to which the dealership replied that I needed to "settle in" to the car.

    I had also started to note a smell I characterised as being "plasticky" and reminiscent of burnt hairdryer- it transpired that this was the smell of a burnt clutch, which I would be come way too familiar with.

    The car was taken in twice in a period of just over a week, both times no issues were recorded, and I was told it was likely driving style. I indicated that I wanted to reject the vehicle at this stage, and was then led through the song and dance of a part exchange that went nowhere, partly due to rejection for finance on the higher balance, as clearly I was in negative equity on the finance, and I could not handle the issues direct with the finance company, as the finance was provided as an unsecured loan rather than car finance, so I had no rights to take it up with them.

    I had all but given up, but then described the issues to a friend who was an ex-mechanic; he said it sounded like an over worn clutch, that he would expect on a car several years older with 90,000+ miles on the clock. The car has done 42,000 miles to date, 10,000 ish mine. I took the vehicle for independent review, and in five minutes of driving, the mechanic told me that the friction plate was excessively worn and probably would fail in 3-6 months, based on my current mileage.

    Then, last week, I noticed the clutch pedal wasn't going all the way up and the car was revving way to high, and the clutch smell, which I didn't know was clutch, had resurfaced. It seemed like the clutch pedal wasn't going up all the way to the bite, which was causing the clutch to slip. Whilst I was driving, the engine cut out and lights came on on the dashboard. This was the final straw for me.

    So I have taken this back to the dealership and am pushing forward with rejection. They haven't responded specifically to the rejection, but started telling me that had I reported the issues within a month or two, the first 500 miles, they would have looked to repair or replace at no cost, but the time and mileage means they can't rule out that it's my wear.

    My understanding of this, however, is that any issue raised within the first 6 months is assumed to have been present when I took ownership of the vehicle, unless they can prove otherwise. And even if I had to prove it, this is a car which is commonly sighted for having an unmanageable clutch, which is prone to slamming plates, juddering at low gears, causing lurching and "kangarooing" and making any driver fumble like a learner. Surely, even in the absence of a mechanical fault, this precedent of issues should show that excess wear on the clutch is likely due to a design fault on the vehicle, rather than individual driver error? Also, with clutch and gear issues experienced and reported from the get-go, surely they have no basis to say that it was a wear issue caused by me?

    For interest, the other issues experienced on the car:
    • Entertainment system cutting out
    • Parking sensor failure
    • Gears grinding and hopping out
    • Spongy brakes causing a loud squeal
    • Whilst driving at 60mph, a message came on the dashboard, stating to "stop immediately" due to an oil pressure fault. This was later determined to be due to the oil filler cap not being correctly fitted, resulting in a loss of 1.5 litres of oil. Whilst they fervently denied that this issue would have had anything to do with the dealership, they paid for the oil, and time. Not something one would do if it wasn't their fault. Also, it makes sense that the oil was lost slowly over time rather than all in one go, as no oil was in the engine bay or noticed pooling on the drive
    • Car pulls to the right- consistently enough that this has worn the front driver's side tyre smooth on the outer rim, this has been an issue from day one, which was mentioned, but not noted as it was believed to be due to cross-wind. The consistent wear and my further tests show that it is a real issue with the wheels, present from day one
    • Tyre pressure sensor failure- recovery agent pumped both front tyres, telling me they were very low.


    As to issues with the dealership:
    • Drove my car at 85 mph in a 50 mph zone, nearly got my insurance cancelled
    • Have cost me around £400 in "courtesy" vehicles and lost work - due to increase with the latest incident
    • Attempted to pressure my dad to take finance in his name for a vehicle I would be using- which is fraud unless specifically done as an accommodation deal
    • General attitude and dismissiveness.


    I just want done with the car and the dealership, and as far as I can see, it's pretty cut and dried that this is a case of a vehicle which was below the standard one would expect of a 2 year old car with 30,000 miles on the clock, and shouldn't be burning through a clutch. There's plenty of evidence to say that this was either a mechanical issue, or a wear issue caused by design flaws and potentially the previous owner. Is there anything else I need to do to cement the rejection and get my money back?
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  • #2
    Re: Rejection of Vehicle Under Consumer Rights Act 2015 for Clutch Issues

    tagging [MENTION=39710]des8[/MENTION] xx
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    • #3
      Re: Rejection of Vehicle Under Consumer Rights Act 2015 for Clutch Issues

      Des will probably be able to comment more on the mechanical side of things but to kick things off, here's my initial view.

      First of all, there is always a risk with buying a second hand car in so far as you have no idea what the driving style is of the previous owner and whether they actually looked after the car which is why you should always consider taking someone with you who knows a little bit about cars so they can inspect it. Equally, did you see the car through any advertisement and do you have a copy of it?

      A dealership is obviously obliged to ensure that the car is of satisfactory quality and fit for purpose and in all circumstances they should inspect the vehicle prior to it being sold using reasonable skill and care to ensure that it is roadworthy. The question I guess is whether the dealership should or ought to have known that after a reasonable inspection, the clutch was in a really bad state. At the same time, I can also understand the dealerships point of view because you've driven the car circa 10,000 miles which is on average about a year's worth of driving. Sure, your ex-mechanic friend might have told you that this would be expected on a car with 90,000+ miles but the dealership does have a point (to an extent) that the driving style of a person may accelerate the requirement for repairs to be needed earlier than anticipated.

      If the car is only two years old, is it still under warranty? Also you said that you took the car for an independent review and was told the friction plate would fail within 3-6 months, did you inform the dealership at this point, or did you carry on driving the car until it burnt out? If you didn't notify the dealership immediately, why didn't you, is there a reasonable excuse for not informing them? If there isn't there is an argument you may have contributed to the burnout and that would be reflected in any damages you might be awarded. Were you aware that this car is known for certain problems but decided to buy it anyway or was it after you had purchased it you became aware? Again, buying something in the knowledge of certain problems/faults with the car is a risk you take. If you believe there is a design fault then you would generally take it up with Peugeot as a product liability claim rather than the dealership, assuming you have evidence to that effect.

      As to all the other problems, did you inform them at all or in writing, and what has been their response to these issues? I also assume you've got evidence that they drove your car at 85mph in a 50mph zone and what have they done to compensate you?

      This will either go two ways where the dealership will deny liability and require you to prove it in which case your probably going to need an independent report to verify the issues and confirm the problem was present at the time and it was reasonable for the dealer to know this and/or should have inspected the car prior to selling it and disclaimed it on the advert. Now you can either go to court on this or you can try and raise the matter with the Motor Obmudsman - https://www.themotorombudsman.org/

      Never used the MO before so don't know what they're like or the criteria but it might be a useful starting point rather than potentially having to pay a large fee to submit your claim in court against the dealership. It might also be helpful if you are able to provide a timeline of these events and when they occurred so we can better understand your position.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      • #4
        Re: Rejection of Vehicle Under Consumer Rights Act 2015 for Clutch Issues

        In addition to [MENTION=71570]R0b[/MENTION] I think you might come unstuck in court trying to argue the faulty clutch.
        Firstly you have had the car 8 months, and driven 10.000 miles on a clutch on which you had problems immediately (although you don't say what those problems were)
        The dealer claims they weren't able to replicate the problems you had, although I assume you told them about the smell which you couldn't identify.

        When did you have the independent "review" carried out, and what was that "review", who was it done by and did you obtain a written report?

        Did the smell disappear or did you continue driving for 10000 miles with that stink?
        If the smell continued I'm amazed the clutch lasted that long!

        Modern clutches aren't as durable as older asbestos based units, flywheels are lighter and thinner and don't dissipate as much heat and clutches therefore burn out quicker than of yore, especially if driving styles don't match the car. High load and low revs and clutch burns so eg 5th gear at 1700 revs = clutch wear.

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