Recently purchased used car with faulty clutch - my rights

Mildly_Miffed

ChrisMckay2501 said:

Would this not fall under the Consumer Rights Act 2015, in that the garage would need to prove the clutch was in good working order when the car was sold to me, as I'm well within the 6 month time frame outlined by the Act?

Six months is simply the tipping point between the onus of proof.
Within that time, the onus lies on the vendor to demonstrate that the issue was not present at the time of sale. Outside that, the onus is on the buyer to demonstrate it was.

You've had 1,200 miles and three months of the clutch behaving itself just fine, before sudden and total failure.
It's not as if it'd been slipping or sticking during that time.

chrisw

You need to have it checked to find out why it failed. It should be obvious whether it's a manufacturing fault or wear.

i had a Volvo clutch replaced under goodwill after it failed without warning after 5 years and 30k miles. They said there was little wear and it appeared to be a defect in the clutch'fingers'.

if it's faulty but some wear is present, they may ask for a contribution from you.

Grey_Critic

The real problem is you have no idea how the car has been driven in the past.

lordmountararat

Grey_Critic said:

The real problem is you have no idea how the car has been driven in the past.

My mother would get through at least two clutches a year because she drove with her left foot resting on the pedal.

Stubod

..and when all is said an done, you are dealing with Arnold Clark!!!!

Alderbank

Grey_Critic said:

The real problem is you have no idea how the car has been driven in the past.

I don't suppose anyone knows that except perhaps the previous owners, and they're not going to tell.

Fortunately, how it was driven in the past does not matter. All that matters for the CRA is whether at the point of sale the vehicle conformed to contract.
There is an implied contract term that the car is in reasonable working order for its age, mileage and price.

If you can show that some components were faulty or excessively worn and were due to fail prematurely, the seller was in breach of contract and you have a claim.
If the failure is due to factors since purchase such as wear and tear or abuse by the current driver then not so much.

You need that diagnosis.

ChrisMckay2501

Mildly_Miffed said:

ChrisMckay2501 said:

Would this not fall under the Consumer Rights Act 2015, in that the garage would need to prove the clutch was in good working order when the car was sold to me, as I'm well within the 6 month time frame outlined by the Act?

Six months is simply the tipping point between the onus of proof.
Within that time, the onus lies on the vendor to demonstrate that the issue was not present at the time of sale. Outside that, the onus is on the buyer to demonstrate it was.

You've had 1,200 miles and three months of the clutch behaving itself just fine, before sudden and total failure.
It's not as if it'd been slipping or sticking during that time.

There was no indication at all of the clutch behaving irregularly, up until the point of failure.

They have the car in and are in the process of stripping the gear box now. I will see what the findings of this are, then see if I have any options available.

Mildly_Miffed

ChrisMckay2501 said:

Mildly_Miffed said:

ChrisMckay2501 said:

Would this not fall under the Consumer Rights Act 2015, in that the garage would need to prove the clutch was in good working order when the car was sold to me, as I'm well within the 6 month time frame outlined by the Act?

Six months is simply the tipping point between the onus of proof.
Within that time, the onus lies on the vendor to demonstrate that the issue was not present at the time of sale. Outside that, the onus is on the buyer to demonstrate it was.

You've had 1,200 miles and three months of the clutch behaving itself just fine, before sudden and total failure.
It's not as if it'd been slipping or sticking during that time.

There was no indication at all of the clutch behaving irregularly, up until the point of failure.

There rarely is.

Baldytyke88

ChrisMckay2501 said:

There was no indication at all of the clutch behaving irregularly, up until the point of failure.

They have the car in and are in the process of stripping the gear box now. I will see what the findings of this are, then see if I have any options available.

If it was the clutch, once the gearbox is off, the problem should be visible. If they are stripping the gearbox, then that is where the fault lies. Depending on the vehicle.