Used car problem

eric72

I bought a car from a dealer, 3 months ago on 50000 miles, I have done 3000 miles. There has always been a rumble with the clutch ie. At bite point but I thought that was the car it has become a little bit worse. Took it to my local garage the said the clutch is wearing. Further investigation on the car dealer and I have found out this is an ex driving instructors car (so I assume the clutch has seen more action than normal use).
Went back to the dealer with my findings they spoke to my garage who confirmed its ware and tear, they are saying they cannot vouch how I have driven the car in the last 3 months! So they are not prepared to pay £700 for the repair (it nay be £900 if the flywheel needs replacing).
Does anyone know where I stand legally or my next steps forward?
 

Aylesbury_Duck

eric72 said:

I bought a car from a dealer, 3 months ago on 50000 miles, I have done 3000 miles. There has always been a rumble with the clutch ie. At bite point but I thought that was the car it has become a little bit worse. Took it to my local garage the said the clutch is wearing. Further investigation on the car dealer and I have found out this is an ex driving instructors car (so I assume the clutch has seen more action than normal use).
Went back to the dealer with my findings they spoke to my garage who confirmed its ware and tear, they are saying they cannot vouch how I have driven the car in the last 3 months! So they are not prepared to pay £700 for the repair (it nay be £900 if the flywheel needs replacing).
Does anyone know where I stand legally or my next steps forward?
 

Sounds like a clear case of wear and tear to me.  It was probably a clutch on the verge of needing replacement when you bought it, and your 3,000 miles has taken it to the end of its life.  I don't think you have grounds for claiming anything so goodwill is the best you'll get.

The time to ask about the history of the car was when you first saw it and test drove it, if knowing its owner history was important to you.  I assume they didn't lie about the previous ownership?  If they did, then that's a different situation entirely.

Get the flywheel changed whilst you're at it.  You're basically saving a labour charge if it needs replacing in future, because it's relatively easy on most cars to change it with the clutch.

eric72

I found out upon further investigation that it was an instructors car. They didn't lie just didn't mention it! 
They have offered to buy the car back and knock off the miles I used as they say it's worth more than that and I bought it cheap!!!!
I don't want to get rid of the car it's a 2.5hr journey, plus a day off work for me 🥺

Aylesbury_Duck

eric72 said:

I found out upon further investigation that it was an instructors car. They didn't lie just didn't mention it! 
They have offered to buy the car back and knock off the miles I used as they say it's worth more than that and I bought it cheap!!!!
I don't want to get rid of the car it's a 2.5hr journey, plus a day off work for me 🥺

There was a thread a while back where someone belatedly discovered their car used to be a taxi, and I think there was a view that this was a material fact that the dealer should have disclosed.  I don't think it would be the same for a driving instructor's car though, any more than dealers don't need to declare if a car is an ex hire car, for example.

It sounds like they're offered a perfectly reasonable solution, so if that's not acceptable to you, you may as well just go ahead and get the clutch and flywheel changed at your own expense.  You can't force them to pay for or contribute towards the replacement clutch, and any type of court action would be easily batted away by them confirming they offered to take the car back for a refund.

If it's an otherwise decent car, £900 on something that will probably last you the lifetime of your ownership of the car is not bad.

TELLIT01

As it would seem there was a rumble from the clutch from the date of purchase the OP should have contacted the dealer then, not 3 months down the road.  That delay has given the dealer the perfect way out.

m0bov

eric72 said:

hey are saying they cannot vouch how I have driven the car in the last 3 months! So they are not prepared to pay £700 for the repair (it nay be £900 if the flywheel needs replacing).
Does anyone know where I stand legally or my next steps forward?
 

Afraid you don't have a leg to stand on. The time to query the clutch was at the time of the test drive. 50K would be fair wear and tear for a clutch, its not a brand new car. Even a new car, after 3k and 3 months, they would say its wear and tear.