2nd hand car, clutch gone in 6 days

mrchimps

Hi,

I just wanted to see if there is a definite answer to my question.

My sister bought a used car on finance last Saturday, drove it home all fine and been driving round all week in it probably totaling less than 200 miles. Today she phones me and says she cant get it in gear & she thinks the clutch is gone. She is used to driving but not massively technical. But if it is the clutch gone will the garage be liable for the repair? even if they argue is it covered under not fit for purpose?

Shes ringing the garage but I just wanted to see opinions on here for when she calls me back.

Any help appreciated.

straighttalker

First of all, if she's not technically minded, you need to see for yourself whether the clutch has definitely gone or not.

If it is the clutch, it could well be deemed wear and tear and she's have a difficult task getting the garage to repair it.

motorguy

straighttalker wrote: »

First of all, if she's not technically minded, you need to see for yourself whether the clutch has definitely gone or not.

If it is the clutch, it could well be deemed wear and tear and she's have a difficult task getting the garage to repair it.

I dont agree.

If its definitely the clutch, it would / should be deemed as faulty at the time of sale. Therefore the garage should rectify it.

Could be one of 20 things though

EdGasket

If it won't go into gear then it is most likely clutch slave cylinder/ low clutch fluid, or clutch cable depending on which system you have. Both much cheaper than a full clutch job which when needing doing is usually characterised by slipping (engine revs but car fails to pick up speed but usually no problem going into gear).

bod1467

Age of car?
Mileage when bought?
Price paid?
Were any faults advised or any advisories stated on the MOT?

All of these have a bearing on what can be claimed from the seller.

I once had the clutch cable go whilst sitting at traffic lights on a major roundabout in morning rush hour. Lights change, I press the clutch pedal and ping - cable went so I couldn't get the car into gear. I ended up having to get help to push my car onto the grass of the roundabout so that other traffic could move.

bigjl

It could also be something that affects lots of that particular model.

Our Picanto occasionally won't go into reverse, it sort of baulks.

Releasing the clutch and then depressing it and it goes in normally.

An Internet trawl shows that it is a common problem.

I agree with Motorguy, if the car has done 200 miles and it is a failure of the clutch then it must have been there at point of sale.

First thing to do is have it checked out by somebody with mechanical ability.

If the owner is in the RAC or AA then that would be a good first punt.

mrchimps

cheers for the replies.

Its a pug 107, done just under 40k.

I have driven over and had a look at it, don't think its the clutch as you can get it into gear whist the engine is off. When its running wont go into anything except reverse with a crunch. I'm starting to think its a cable issue.

Going back over again tomorrow for a proper look as it pouring down now.

stef73

What age is the car ? My wife has the c1 basically same car later cars came with a upgraded clutch , my wife's now has this . There is an adjustment on the clutch youtube is your friend must have adjusted my wife's old clutch a dozen times before it finally went.https://youtu.be/VG2ad-ZhcjY

AdrianC

Good ol' low-tech cable clutch, not hydraulic. Likely to be a quick, cheap and easy fix.

But the simple answer is for her to speak to the supplier, and get her breakdown people to take it to either his premises or whichever garage he nominates. Don't just dive in and get it fixed, then try to hand him the bill.

mrchimps

cheers. its a 2009, Yeah just found the cable vid on YouTube. Will give it look tomorrow.

Razoo

mrchimps wrote: »

Hi, I just wanted to see if there is a definite answer to my question.

My sister bought a used car on finance last Saturday, drove it home all fine and been driving round all week in it probably totaling less than 200 miles. Today she phones me and says she cant get it in gear & she thinks the clutch is gone.

Just six day's ownership and 200 miles!

Assuming your sister purchased the car from a bona fide, registered car dealer and the car wasn't a cheap, 'sold as seen' transaction, then absolutely the fault is the garage's responsibility. It doesn't matter if the failed component is normally categorised as a 'wear and tear' item, your sister didn't wear it out!

The car was not of 'satisfactory quality' and your sister can, if she wishes, insist that the garage takes it back and refunds her in full. Alternatively, if your sister likes the car and trusts the garage, she could agree to let them repair it at their expense.

Sale of Goods Act, October 1st 2015:

"Replacing the Sale of Goods Act (and some other legislation), the new Act is wide-ranging and covers the sale of new and used cars, but retains the old act’s demand that all products must be of ‘satisfactory quality’, ‘fit for purpose’ and ‘as described’. "

From the Honest John website:

"The Consumer Rights Act 2015 is now enforceable by law, giving consumers far greater recourse in the event of a problem with a purchase, when paying for a service or when signing up to a contract. The biggest news to motorists is a right to reject a car for a full refund within 30 days of purchase if it is faulty.

If a fault or problem becomes apparent within 30 days a car dealer is now obliged to provide a full refund immediately, whereas in the past they would only be required to offer a repair or replacement of a faulty component. After 30 days and up to six months after purchase, the dealer has one chance to provide a free repair before the buyer is entitled to reject the car for a refund, though in this timeframe it may not be for the full sale price."

I would expect any reputable garage to apologise for the problem, offer a free repair and lend your sister a courtesy car in the meantime.

The law is on your side.
_____
Razoo