Clutch replacement - what are might rights?

System

This discussion was created from comments split from: Small Claims Court guide.

prettybirdzz05

Hello. Sorry if I've got this procedure wrong.. I read the long list of T&C so I hope I'm not doing this wrong.
I have a nearly £400 issue with the Mr.CLUTCH group. I took my car to their workshop near Bristol, several miles from my home address. Lots of hills on the way, once off the M5. My car is on a very reasonably-priced private number plate (I feel that sentence is relevant because I think they saw a lone woman with an older car and took action on that, thinking also that I maybe ok financially, which I'm not) but its a 2003model. They replaced the clutch.
Their 'warranty' is 2y OR 20000mls. 
Over the last month or so, the car has played up, so I've tried to limit use.
Initially I'd thought it may have been a problem with the fuel pump, as ascending hills, or even slight 'up-rises' in the flattest of roads, was becoming more and more difficult.
I rang my mechanic and took the car for diagnostics yesterday lunchtime.
I stayed while he looked the car over and booked it in for March 7th, his earliest slot ..
His diagnosis said it needs a NEW CLUTCH. 
Not forgetting I'd had one done recently, I questioned him.
Definitely clutch.
Came away from there following his advice to "only use if I have to, shopping locally is fine. NO journeys and definitely NO HILLS.
Mr Clutch is several miles away, and my journey there, involves going up probably the longest hills I've seen in awhile.
I have a MAJOR issue with that, as I don't feel safe, or comfortable, doing such a journey because of those hills. I also feel I would be a danger to other road users, if the car refused the hills.
I was merely asking Mr Clutch for some compensation due to the fact that the car 'fix' is STILL under the warranty, in both 'time' and 'mileage'.
I spoke to Head Office as well, but they don't want to help me because I'm not prepared to drive the car in such a dangerous scenario. I'm not prepared to drive it back up to one of their workshops in Bristol or Cardiff as I'm also not prepared to put myself, and other road users, in an unsafe position.
I'm not even sure I trust them enough now, either, once bitten etc.,
Thank you for taking the time and trouble to read this, maybe you can see your way to perhaps offering some comments on whether it's worth my while in going for small compensation claim of £250 to help with costs of £400, which is what I am now having to pay, yet again, for a second replacement.
*(The head office guy did mention that I've been driving with my foot on the pedal constantly, apparently some people do) but we're only talking about 12000 miles since they replaced. I've driven the car nearly 100,000 miles and only in 2022 did I need the new clutch, so his words have been ignored, because "any excuse not to pay....?" comes to mind...

Ditzy_Mitzy

Reading between the lines (which needs doing), it sounds as if Mr. Clutch have offered to remedy the matter on the proviso that the car is taken to one of their establishments.  With the Consumer Rights Act in mind, it does sound as if they have fulfilled their obligations.  The act specifies that the trader must bear costs involved with the removal and replacement of the faulty item, which would be the labour associated with changing the clutch.  It is silent on the matter of incidental costs, i.e. transporting the car to the garage where the work is to be done.  I don't believe there is a general right to insist upon the provision of a breakdown truck.  The OP, therefore, may have to arrange recovery privately if she doesn't wish to drive the car to Mr. Clutch's place.

Incidentally, it's not unheard of for clutch replacement to go wrong.  Contamination of the friction plates with oil or grease, which can happen if the mechanic is sloppy, can cause the new clutch to slip.  In addition, a low-quality part might have weak clamping springs.  It's also not impossible for an unskilled driver to wear a clutch out in fairly short order, although Mr. Clutch do seem to be giving the benefit of the doubt.  

What is being asked for, payment from Mr. Clutch to cover the costs of a third party doing the work, isn't, to my knowledge, covered by the Consumer Rights Act.  

Goudy

Mr Clutch warranty their complete clutch kits for two years or 20,000 miles against manufacturing defects.
A clutch is a wearable part, they will not warranty it wearing out, however quickly.

It's possible to wear one out in 12 months, in fact it's possible to wear one out in a few hours.
It's also possible something else had ruined the clutch, like an oil leak contaminating it.

To claim on is warranty they need to be certain the part fitted had a manufacturing defect, so they would want to inspect it.
There's just no way anyone, let alone Mr Clutch would honour a warranty without seeing what the problem was.

As this is the problem with a clutch. There are hours of labour involved getting at it as the gearbox has to come out, but first of all you need to get the car to them.
They will not entertain a warranty claim without investigating the part fitted.

This is were your problem start to mount.
You would need to get the car to them, if it's not drivable you could consider paying for a tow.

They would then strip the clutch out and make a decision on the fault.
Is it a manufacturing defect
Or
Is it just worn out again from riding the clutch pedal.
Or
Has something contaminated it like oil from a leak.

Now if they say it's worn out and you don't like that answer, how are you to prove it's a manufacturing defect?

This is now where your problem really peaks.
They now have your gearbox out and the clutch on the floor telling you it's worn again and you can't prove otherwise.
They will want paying again to replace the clutch, otherwise you aren't going anywhere.
You didn't like the work they originally did, would your really want to pay them again?

I know it's not what you want to hear, but it's very difficult to claim on a warranty for a wearable part.
I'm not saying the part couldn't have had a defect, it's proving it when it's buried so deep in the cars transmission.

The best case you get the car to them, they strip it down, find a manufacturing defect and admit it.
Chances of them doing that though are slim to anorexic, so you'll end up paying them again.

born_again

If you do not want to drive than you will need to arrange for it to be transported to them.

But be aware if they do not find anything such as posted above such as manufacturing defect then warranty will not cover you.

So how much would your mechanic charge for a new clutch?

Tucosalamanca

I have to ask, you've since had the vehicle diagnosed at your mechanic, why did you choose not to use them first time around? Travelling a distance for repairs always leaves you at a disadvantage in situations like this, why choose Mr Clutch?

Ganga

Tucosalamanca said:

I have to ask, you've since had the vehicle diagnosed at your mechanic, why did you choose not to use them first time around? Travelling a distance for repairs always leaves you at a disadvantage in situations like this, why choose Mr Clutch?

Probably because they are cheaper than the local garage ,when i used to work ( retired now ) our company put the reps car into our local Mr Clutch  for quickness ,bearing in mind we had a workshop full of engineers capable of the job but would have to go out and purchase the parts ,car came back really quickly clutch fitted BUT was back in our workshop a few days later to get all the bolts tightened up that they had left slack  ,never used them again.  

NWdriving

I had my clutch replaced (Suzuki Swift) and attended the 3 clutch inspections (even though it is hydrolic clutch.)

On the 3rd inspection I told them the bite point was high - they told me that it was my fault etc.

I had a Suzuki main dealer inspect & replace the clutch & then took Mr Clutch to the small claims court. Before the court date Mr Clutch paid out "to avoid the hassle of having to attend court"

I am happy to advise anyone to avoid Mr Clutch and would suggest using Google (I wish I did before using them).

Hope this helps someone else.

prettybirdzz05

born_again said:

If you do not want to drive than you will need to arrange for it to be transported to them.

But be aware if they do not find anything such as posted above such as manufacturing defect then warranty will not cover you.

So how much would your mechanic charge for a new clutch?

Thank you for taking the time to reply to me, I appreciate it.
My mechanic is charging £400, and to be honest, I trust them more than the Clutch depot.. my mechanic was too busy when I needed it done, Mr clutch was recommended to me, even being so far away.. I did think i was in safe hands going to a specialist but it appears not so. I don't 'ride the clutch' as has been suggested, so its not a case of that, otherwise, logically speaking, in the nearly 100,000 miles I've already done in the car, the 2022 replacement would have been the 100th one.. totally illogical... I'm not risking the drive, I'll leave it as it is with my mechanic, and see if they'll accept the part and examine it at their depot, once it's out of my car and I'm safe to make the journey over to them, to the same depot where the replacement was carried out. Transportation of the car to them, I feel, would be throwing good money after bad, so that's a definite no-no too. Thank you.

prettybirdzz05

Ditzy_Mitzy said:

Reading between the lines (which needs doing), it sounds as if Mr. Clutch have offered to remedy the matter on the proviso that the car is taken to one of their establishments.  With the Consumer Rights Act in mind, it does sound as if they have fulfilled their obligations.  The act specifies that the trader must bear costs involved with the removal and replacement of the faulty item, which would be the labour associated with changing the clutch.  It is silent on the matter of incidental costs, i.e. transporting the car to the garage where the work is to be done.  I don't believe there is a general right to insist upon the provision of a breakdown truck.  The OP, therefore, may have to arrange recovery privately if she doesn't wish to drive the car to Mr. Clutch's place.

Incidentally, it's not unheard of for clutch replacement to go wrong.  Contamination of the friction plates with oil or grease, which can happen if the mechanic is sloppy, can cause the new clutch to slip.  In addition, a low-quality part might have weak clamping springs.  It's also not impossible for an unskilled driver to wear a clutch out in fairly short order, although Mr. Clutch do seem to be giving the benefit of the doubt.  

What is being asked for, payment from Mr. Clutch to cover the costs of a third party doing the work, isn't, to my knowledge, covered by the Consumer Rights Act.  

Hello. Thank you for taking the time to reply to me, I appreciate it. 
Your comments are valid, yes. Mr Clutch HAS indeed offered me a solution, but surely it would be silly of me ( I could be charged for dangerous driving) taking the car on such a journey, involving hills, when the car is unroadworthy. 
Yes, the clutch could have been low quality, this is my thought too.
You also mention 'an unskilled driver' which I definitely am not.
I'm an Advanced Driver (with IAM ) so I don't agree with that suggestion. I'm also the vehicles ONLY driver.
I thank you for being nice to me anyway and I wish you a good night 😴

Goudy

prettybirdzz05 said:

born_again said:

If you do not want to drive than you will need to arrange for it to be transported to them.

But be aware if they do not find anything such as posted above such as manufacturing defect then warranty will not cover you.

So how much would your mechanic charge for a new clutch?

I'll leave it as it is with my mechanic, and see if they'll accept the part and examine it at their depot, once it's out of my car and I'm safe to make the journey over to them, to the same depot where the replacement was carried out. 

I don't think you'll get any joy out of Mr Clutch by doing this.
If you took the part around to them complaining, they will just say you should have given them the chance to fix it.

If they were really in a bad mood, they could question if it was the same part they fitted!