clutch gone after 4 days

Anihilator

Crabman wrote: »

It should be possible to get the full repair cost as it's hardly reasonable for a clutch to fail just 40 miles after purchase without a mention from the dealer at point of sale.

He probably knows this, hence the 50% offer. Given that you have an independent mechanic's report in your favour you should be able to get this resolved with the dealer.

I'd ask for the full cost of repair or failing that, reject the vehicle for a full refund (small claims court being the fall back option).

I've not seen anything about a mechanics report.

Crabman

Anihilator wrote: »

I've not seen anything about a mechanics report.

Why am I not surprised...

reesn wrote: »

On checking with a mechanic, the friction plate had burnt out, and he told me seeing as Id only done 40 miles from buying it, then the dealer would have known the clutch was on its way out.

Anihilator

Crabman wrote: »

Why am I not surprised...

Where does that say its a report. It says she consulted a mechanic, not what basis it was on. It could have been a friend.

I now challenge her to get that person to right a written report that will stand up in court. It wont happen.

Eric_Pisch

Buying from a dealer - what the law says

be of satisfactory quality. - 40 miles on a clutch is not satisfactory

Unless the dealer informed you it needed a new clutch.

Demand a new one at the dealers cost.

missile

IMHO you are entitled to expect repair at no cost and I would go to court if neccessary. Do you have legal protection as part of your insurance? Use that to threaten the dealer.

Unfortunately this takes time and if you need the car urgently then you have little alternative but to accept dealers offer. I would then report him to trading standards officer.

Anihilator

Eric_Pisch wrote: »

Buying from a dealer - what the law says

be of satisfactory quality. - 40 miles on a clutch is not satisfactory

Unless the dealer informed you it needed a new clutch.

Demand a new one at the dealers cost.

That really is matter of opinion. Satisfactory quality would be based on the age, price, condition, mileage etc. If the dealer could show the clutch wasnt faulty at sale then its really not close cut that its not satisfactory. We are talking a 12 year old car.

Imo the OP should consider taking the offer on the basis it will be quicker than a court claim and also keep the relationship friendly should there be other problems.

terryw

Over the years, I have had many Nissan cars although not the model mentioned. Often the clutches would just go without any warning, whilst other times there was some warning.

Basically, I am saying that the car may genuinely have been sold without knowledge of the fault. If it was me I would accept the offer rather than becoming involved in threats and courts etc where the eventual outcome might leave you further out of pocket.

Inactive

A clutch isn't even covered on some new car warranties, let alone a 12 year old car, it is a wearable item.

vaio

terryw wrote: »

Over the years, I have had many Nissan cars although not the model mentioned. Often the clutches would just go without any warning, whilst other times there was some warning.

Basically, I am saying that the car may genuinely have been sold without knowledge of the fault. If it was me I would accept the offer rather than becoming involved in threats and courts etc where the eventual outcome might leave you further out of pocket.

Yep, but the OPs right to a working car doesn't depend on the dealer knowing it was faulty, I think the general principle is that faults which appear within the first six month were assumed to be there when sold unless the dealer can prove otherwise.

Just how this would be applied to a 12 year old car I don't know, I think I'd accept the offer he's made, seems fair to me as you end up with a better car than you were expecting

vaio

Inactive wrote: »

A clutch isn't even covered on some new car warranties, let alone a 12 year old car, it is a wearable item.

Could well be true, but this isn't a warranty issue, it's SOG which will over-ride any terms in the warranty which seek to reduce your rights.

Really warranties only come into play after SOG rights have expired