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Clutch failure after 4 months - should the dealer pay for repairs?
Six months ago I bought a used Hyundai Santa Fe from an independent garage. The car was sold with a full service history and also came with a 12 month warranty. The car suffered clutch failure after a few months and I was required to pay £652 in repairs.
The dealer has said the car is more than three months old and is not their problem. The warranty is also not worth the money it is written on, with a huge number of exclusions. I have quoted the sale of goods act to the dealer, but he claims its wear and tear and not his problem. Is it worth me pursuing this through the small claims court or am I in the wrong to expect my vehicle to be fit for purpose for at least six months?
The dealer has said the car is more than three months old and is not their problem. The warranty is also not worth the money it is written on, with a huge number of exclusions. I have quoted the sale of goods act to the dealer, but he claims its wear and tear and not his problem. Is it worth me pursuing this through the small claims court or am I in the wrong to expect my vehicle to be fit for purpose for at least six months?
Asked on 15 August 2014 by andrew44
Answered by
Honest John
You can maintain that for the clutch to have failed within 6 months of purchase it must either have been faulty or developing a fault on the day of purchase. law here: www.honestjohn.co.uk/faq/consumer-rights/
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