Rights over refund or repair on a vehicle

[Dtr]

100k miles x

[Pezza54]

The clutch is a maintenance item and if it hasn't already been replaced it sounds as if it should be. Much depends on the driving styles and the types of journeys of the previous owners, which you know nothing about.
IMO you have a case regarding the air conditioning that hasn't worked from when you bought the car (unless the dealer told you the air con wasn't working). The clutch is a different matter. An intermittent clutch judder is going to be difficult to prove that there was a fault with the clutch when you bought the car. You would need an auto engineer's report on the clutch following an inspection. A judge in a court claim is likely to take the age and mileage of the car into account

[Dtr]

I was told air con was working. But shouldn’t a car not have a clutch judder so it’s not up to satisfactory levels?

[Dtr]

I told the garage the day the car was delivered about the clutch judder and he replied it’s a used car what do you expect me to say. So it clearly had the issue when it was for sale as it arrived with a. Judder

[Dtr]

Citizen advice said the value of car for one would be reduced due to clutch judder and also car shouldn’t be sold with a judder unless I have been informed about it. Which I hadn’t been. So are citizen advice wrong with their advice ? As I’m not sure how accurate they are for info

[des8]

Did you see the car before purchasing it i.e. did you purchase it on line or straight from an advert without inspecting it?

That clutch was probably on its last legs when you purchased the car..... I think the average mileage for replacement is around 80,000 on that model but would have to check.

Your options are going to be 1) have the car repaired and then sue the seller for a price reduction to reflect the costs or 2) reject the vehicle for a full refund and possibly sue to recover your money.
Neither option is without risk, as there is always an element of lottery in making a claim

If you are going to sue, first make sure the defendant has the money to pay any award you might win in court.
So from what sort of organisation did you purchase it? limited company or sole trader?

[Dtr]

Thanks for help. I test drove it around the block as it was the car valeter who did test drive with me lol it was fine then but engine was cold and I’m mostly 9/10 times finding the clutch judder happens when engine is warm . Weird one don’t know why when engine hot it does it. Sometimes it does it on cold it’s really pot luck when it happens. It’s annoying though. As it’s not a cheap thing a clutch replacement it’s a limited company but it is a small garage with a couple of employees

[Pezza54]

Are you sure it is the clutch causing the juddering?
Please read the article "WHY IS MY CAR JUDDERING?" at www.halfords.com
Depending on when the juddering occurs (accelerating, pulling away, braking) it might not be the clutch causing it

It is best to test drive a car for more than 5 miles and on a road that permits a speed of 50mph. Test the brakes, lights, air con etc

[Dtr]

It’s when pulling away in first gear I asked garage and they said for most repairers they just replace the clutch as price to take the clutch apart etc it’s often cheaper to just replace clutch

[Pezza54]

If the dealer bought the car he probably only did a short test drive with the seller (who may have known there was an intermittent clutch fault but didn't tell the dealer)
If the dealer bought it at auction he wouldn't have had an opportunity for a test drive
He's marked up the price he paid to sell it for a profit
There's a good chance he was unaware of the clutch problem when he sold it to you
He's unlikely to refund you £1k plus for repairs without a court claim or the threat of a court claim. He would lose all his profit and possibly make a loss

[Dtr]

I don’t believe garage knew about clutch judder but I don’t think then even checked air con issue. Not sure where I stand legally in court over it as surely it should be his problem rather than my problem . I think I’m stuck going to court over it and just got to hope for some help

[Dtr]

When I told him about clutch judder day car was delivered there wasn’t no sympathy or apology it was just what do you expect it’s a used car. Also said it passed a mot so can’t have any faults

[des8]

Sounds like a poor dealer

The Kia sportage is well known for the intermittent judder
The price you have been quoted is probably the cost of clutch plus dual mass flywheel. If the clutch is coming out it makes sense to do the flywheel at the same time. Fitting will be extra

If I was in your position I would be considering repairs at an independent trustworthy garage, with a view to taking court action.

First tho' get confirmation in writing that the dealer is refusing to repair.

[Pezza54]

We can help on the preparation of a court claim, but to stand any chance of success in court you are going to need evidence such as a qualified auto engineer's report on the defective clutch and photos of the clutch defects
You can add the cost of the report to your claim which may be based on quotations to replace the clutch and repair the air con leak

[Dtr]

£850 was total. I do see them as a poor seller as I even offered to go halves yet I can’t afford to go halves and don’t feel I should but they refused this offer too. I didn’t read up on Kia sportage stupidly before I bought as was looking at other cars but this one looked nice so went for it. Silly me anytime I ask the dealer if they are refusing to pay for repair they ignore me and just offer to buy the car back but ignore the direct question about my rights to a repair