Purchased second hand car and clutch problems after six months.

[explorer121]

Good morning,
I wonder if anyone can offer any advice on the following.
I purchased a secondhand car from a motor trade dealer on 14.2.18 which came with a new clutch and dual mass flywheel. Initially the car came with a three month warranty which has now expired. Now after six months there is a significant vibration when engaging the clutch from standstill. As I have quite an extensive vehicle mechanical knowledge this is caused by contamination of the clutch plates which should not happen after six months.
I have approached the dealer who accepts no responsibility for this nor will he entertain any further repair or investigation. The vehicle was purchased using a credit card and I am wondering if I have any further recourse.
The vehicle has only done a 4000 miles since purchase and to have the problem sorted would I fear be very expensive.
I would appreciate any help on the matter.
Many thanks.

[paulajayne]

Clutch is a wear and tear item , like tyres and brake pads.
Vibration / noise when the pedal is pressed to engage clutch is caused by the clutch release bearing. Another wear and tear item.

Are you 100% certain that a new clutch was fitted?

[MIKE770]

remember years ago a person broke down and stated similair , then the partner stated I told them to take their foot off clutch when not using they never will??? argument sorted! ( they then went automatic)! just an observation!

[explorer121]

Good morning,
I wonder if anyone can offer any advice on the following.
I purchased a secondhand car from a motor trade dealer on 14.2.18 which came with a new clutch and dual mass flywheel. Initially the car came with a three month warranty which has now expired. Now after six months there is a significant vibration when engaging the clutch from standstill. As I have quite an extensive vehicle mechanical knowledge this is caused by contamination of the clutch plates which should not happen after six months.
I have approached the dealer who accepts no responsibility for this nor will he entertain any further repair or investigation. The vehicle was purchased using a credit card and I am wondering if I have any further recourse.
The vehicle has only done a 4000 miles since purchase and to have the problem sorted would I fear be very expensive.
I would appreciate any help on the matter.
Many thanks.

Hi, thank you for reply. However the fault lies in releasing the clutch which vibrates on take up or engaging. The receipt states that a new clutch and flywheel was fitted just prior to purchase.

[explorer121]

Anyone with a legal angle on this ? Help appreciated.

[ostell]

Yes, you would expect a new clutch to last longer than this. You can use the Consumer Rights Act 2015 to claim from the dealer as you would expect the clutch to last longer than 6 months. Did you report the problem before the 6 months was up? This would seem to tbe the 14th of this month.

[des8]

Hi
although you have certain rights , which will assist you in obtaining a partial refund (a deduction would be made for the use you have had) you will have to prove the vehicle is unsatisfactory because the fault 1) exists and 2) it was there when the vehicle was delivered.
To do this you will need an independent engineer's report, eg DEKRA (https://www.dekra-expert.co.uk/vehic...inspections.uk)

[explorer121]

Hi
although you have certain rights , which will assist you in obtaining a partial refund (a deduction would be made for the use you have had) you will have to prove the vehicle is unsatisfactory because the fault 1) exists and 2) it was there when the vehicle was delivered.
To do this you will need an independent engineer's report, eg DEKRA (https://www.dekra-expert.co.uk/vehic...inspections.uk)

Thank you, not as straightforward as it may seem. I will also have a word with the CC Company as see what their angle is to.

[MIKE770]

go to the dealer 1st and report back

[james_law]

Yes as pointed out above, the onus is on you too prove the problem was present when you bought the vehicle.

As you paid with a credit card, you may be able to claim against your credit company under section 75 of the Consumer Credit Act.

[MIKE770]

Section 75 of the Consumer Credit Act - Which.co.uk

https://www.which.co.uk/consumer.../...umer-credit-ac

[ostell]

The OP is about the 6 month mark. He could be a few days before so lets see what exactly is the timing.

To the OP: Up to 6 months then the fault is assumed to be present at the point of purchase/delivery.

[explorer121]

Yes, you would expect a new clutch to last longer than this. You can use the Consumer Rights Act 2015 to claim from the dealer as you would expect the clutch to last longer than 6 months. Did you report the problem before the 6 months was up? This would seem to tbe the 14th of this month.

No the problem really has only started to manifest itself of late. Having said that you would not expect a new clutch to start to fail after six months or indeed any other type of repair.

[ostell]

Not even a few days before the end of the 6 months from delivery? It just makes it easier if it's before.

The CRA will probably give you some help with this as it is applicable for up to six years.

[explorer121]

Not even a few days before the end of the 6 months from delivery? It just makes it easier if it's before.

The CRA will probably give you some help with this as it is applicable for up to six years.

Yes it was present then prior to the six month period but it would be hard to argue now as it's the 27th. What is the CRA ?