Clutch fails after 4 months

[islandgirl]

Hi all grateful for some views. Friend of mine bought 2nd hand car from main dealer (had probably been taken in part x - not the type of car they are agents for). Drove about 2000 miles. Clutch failed. Garage refused to fix under (additionally purchased) warrenty as it is a "wearable item" like tyres. My friends has written to garage offering them a chance to fix and the garage refused. Had it been driven only a little I would have said fix it elsewhere and go for the money from the garage but what do you think? Is 2000 miles too much to make it stick? Is it worth any further correspondence? They need it fixed as they need the car...All views and comments appreciated.

[Frank1]

A clutch doesn't normally just suddenly fail There will be signs of it failing over the previous few k miles
Did your friend notice any problems with the clutch?
From 31 days to 6 months after delivery the dealer has to prove that the fault wasn't present at the time of sale.
A clutch failure isn't necessarily down to fair wear and tear Much depends on the age of the car and its mileage.
Dealers often try to argue that the driver has not driven the car as it should be driven. Such as resting their foot on the clutch, accelerating to fast, overloading the vehicle.
The driver should dispute this argument giving proof if possible that they don't drive in this fashion

[islandgirl]

Thank you very much. The person is a calm and experienced driver

[des8]

How has the clutch failed?
Was it sudden?
Can the gears still be engaged?
Has the clutch been stripped down for inspection? If so what part of the clutch system has failed.. hydraulics, pressure plate, clutch disc release bearing?
What make & model (some have known clutch problems)?
What is the total mileage of the vehicle?

In any event, as the problem has arisen within the 6 month period the owner has nothing to lose by going down the CRA 2015 route.

[atticus]

Can I clarify something that has been said earlier in this thread.

S19(14) Consumer Rights Act 2015 specifies that if a fault develops within 6 months after purchase it is deemed to have been present at the time of purchase.

Within the 30 day to 6 month window after purchase the buyer has the right to repair or replacement.

[islandgirl]

Thank you both. The buyer has asked for repair and it has been refused as the clutch is a "wearing part".@Des8 I dont know the detail I am sorry - it has not been repaired yet but the owner is planning on getting it done elsewhere as the garage have said no. I think he should try to claim the cost back from the garage.