Faulty used car

yvmilne

Hiya - I bought a used car 18 days ago and yesterday the clutch went - it's an older car and had a years MOT so I wasn't expecting miracles but I kinda expected it to last a bit longer than 2 weeks - the dealer isn't interested, basically said tough, not our problem. Rudely told me they had legal advice and would fight me over it - odd as I hadn't mentioned legal action, I'd just asked for a refund.
My interpretation of the CRA 2015 is that it should be fit for purpose, and that breaking down within 30 days isn't that.
Worth pursuing or suck it up as bad luck?

Aylesbury_Duck

Depends.  How old is the car, what's it's mileage, service history, price, etc?

How many miles have you driven it in the 18 days since purchase?

"Dealer"?  A one-man-band with a mobile number, or an actual garage?

Can you post the advert for it?  It should have been accurately described.

It could be just bad luck - a clutch close to wearing out and your recent mileage was the final straw - or it could be something more fundamental that it was reasonable for the dealer to be aware of.

Alderbank

What exactly is wrong with the clutch? 'The clutch went' is not very technical.
If it is a significant fault you should start by offering the dealer the option of fixing it. 
Did you do that?
Didi they refuse?

pinkshoes

yvmilne said:

Hiya - I bought a used car 18 days ago and yesterday the clutch went - it's an older car and had a years MOT so I wasn't expecting miracles but I kinda expected it to last a bit longer than 2 weeks - the dealer isn't interested, basically said tough, not our problem. Rudely told me they had legal advice and would fight me over it - odd as I hadn't mentioned legal action, I'd just asked for a refund.
My interpretation of the CRA 2015 is that it should be fit for purpose, and that breaking down within 30 days isn't that.
Worth pursuing or suck it up as bad luck?

Even with a second hand car, the CRA 2015 is still applied, so the car needs to be fit for purpose, as described and of satisfactory quality. 

I'm assuming you haven't had 18 days of driving 1000s of miles whilst riding the clutch?? 

From CRA:

Satisfactory quality means that the vehicle should be of a standard a reasonable person would expect, taking into account things like its age, value, history, mileage, make and description.

• An old car with high mileage wouldn’t be expected to be as good as a younger car with low mileage

• Each should still be roadworthy, reliable, and in a condition consistent with its age/price.

• If a vehicle turns out not to be of satisfactory quality, the remedy will depend on the time that has passed and the nature of the fault

If you have used it sensibly for 18 days and the clutch failed, then go back to the dealer and reject it as not of satisfactory quality. Do this in writing before 30 days are up! After 30 days they can insist on repairing it!

Sounds like their legal advice isn't very good!

Ditzy_Mitzy

How good is the rest of the car?  A clutch is a consumable, and doesn't necessarily have to be expensive to replace.  Bringing dual mass flywheels and concentric slave cylinders and what have you into the equation can, but not every car has those.  Mine does and it cost a few hundred to get the clutch done when necessary.  

I'd be minded to look at the cost of getting the work done prior to rejecting what might otherwise be a decent car, especially with prices the way they are at the moment.  

macman

Given the retailer's complete ignorance of the law under CRA2015, don't accept a repair, even if offered. Just reject it within 30 days as advised above. In writing.
As the fault is presumed to be pre-existing up to 6m, they don't really have any defence.

Alderbank

macman said:

As the fault is presumed to be pre-existing up to 6m, they don't really have any defence.

Well, they could have the defence that the clutch issue was not pre-existing.

Since it's less than 6 months since purchase the onus is on the seller to show that the probability is that it failed after the purchase. OP's description says it 'went' after 18 days driving. A failed metal link or clutch cable could be the reason, as could damage to a hydraulic component.

We don't know yet.

bris

Regardless of age and mileage a dealer has no choice, a faulty car can be rejected within the first 30 days. After that is a different ballgame but the first 30 days is an easy win in court.

After 30 days they it's all about age and mileage, fair wear and tear comes into it in the first 6 months so thats not an easy win with an older car.

yvmilne

Hi guys - sorry for delay in reply - will answer in order!  It's a 56 plate Polo with 140k miles - it's a dealership with a large amount of cars for sale and a garage for repairs/servicing too.

The clutch just didn't come back up and it wont go into gear.  Sorry, I'm not a very technical person! - I emailed them about options and they came back within 5 minutes saying it's a part ex so not our problem, our legal team have confirmed.  

I've done 400 miles in the 18 days which I don't think is excessive, I'm also a 40 year old mum who only uses it for ferrying kids around so I don't rag it.

I don't believe they got legal advice, think they just want to make me go away - I rang another garage regarding repairs and they've said they should give me a refund so will try again - thanks everyone.

yvmilne

Oh does it being a part ex make a difference?

Ditzy_Mitzy

Is the clutch pedal 'stuck' to the floor?  This could still be something as simple as a broken clutch cable or hydraulic failure; I don't know which a Polo of that age has, sorry.  If so, we could be talking about a very straightforward and cheap fix.  Or we could not, but that's only going to become a known quantity when the car is properly examined.  

So we return to the initial question: is the car itself one you want to keep?  Forget the clutch for the time being, is the car itself one you want to hang on to?  After the thirty days, as has been noted, the dealership needs to be given a chance to repair the thing; that could be exactly what you want.