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Used Car Purchase - Clutch fault within 6 months (Paid with CC)

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  • Used Car Purchase - Clutch fault within 6 months (Paid with CC)

    Morning All,

    I was looking for some advice on my used car conundrum.

    I purchased a car at the end of October 2024 from a used car dealer (Trader with Ltd Co). I paid for the transaction via credit card.

    Since purchasing the car I've done roughly 1000 miles and have recently had some problems with the car making a rattling sound. Having taken the car to multiple garages I have been advised that the issue is with a clutch or throw out bearing.

    I asked the garages to hold fire on the repair as the car had only been in use for just over 2 months and I wanted to speak with the used car dealer to repair under my statutory rights under the CRA.

    I have tried contacting the dealer via telephone multiple times and have had no response. I also visited the site the business was operating from and it appears that they have vacated the premises. I have found the business details on Companies House however the address is registered in a different part of the country although the Director is the same salesman that sold me the car.

    I am now formally writing a letter to the address listed on Companies House to request a repair (see below). As the item was paid via Credit Card would I also be able to make a claim with the credit card company and how would I go about doing it?

    03/02/2025

    Subject: Request for Repair Under Consumer Rights Act 2015 – "REG No"

    Dear XXX,

    I hope this letter finds you well. I am writing regarding the "Insert Car & Reg here", which I purchased from you on XXst October 2024. I have tried contacting you on numerous occasions via telephone as well as visiting your premises where you sold me the car in "Location" but I have been unable to reach you.

    I have recently encountered an issue with the car where the car emits a rattling sound when the clutch is pressed. After seeking advice from multiple garages, it has been suggested that the problem may be related to the clutch or the throw-out bearing.

    I would like to exercise my statutory rights under the Consumer Rights Act 2015. Under the Consumer Rights Act, any fault arising within 6 months of purchase is assumed to be there at the point of sale. As the fault has occurred within 6 months of purchase I am entitled to ‘the right to repair or replacement’ as per section 19 (3) of the Consumer Rights Act.

    Given the nature of the problem and its likely connection to the drivetrain, I believe this issue should be addressed and repaired under the Consumer Rights Act 2015. As per the terms of the agreement, I kindly request that you arrange for the necessary repairs to be carried out as soon as possible.

    Additionally, I would appreciate it if you could confirm a timeline for the resolution of this matter.

    I trust that you will address this issue promptly. Please feel free to contact me at "Mob No" or "Email Address" should you require any further information or documentation from my side.

    I look forward to your response and a resolution to this matter.

    Yours sincerely,

    Any guidance or advice would be appreciated - Particularly in the event that that I am unable to contact the dealer how would I purse this with the credit card company?

    Thanks.
    Tags: None

  • #2
    Hi
    Sorry to read about the problems you are having with your car

    CRA Section 23 covers the consumer's right to repair. The repair should be carried out by the trader within a reasonable time at no cost to the consumer

    You wrote "any fault". You should change this to "serious fault". As a clutch is a maintenance item I am not totally convinced your claim for repair will be successful. A lot will depend on the age and mileage of the car.

    If you do not get a reply to your letter, IMO you should write again stating you intend to arrange the repair yourself (CRA Section 24 - consumer entitled to a price reduction) and will claim your loss and expense including the cost of repair from the dealer

    If still no response, get the car repaired. Make a claim against the dealer for breach of contract and if no joy, start a Section 75 claim under CCA 74 against the credit card company

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