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Clutch failure after 6 weeks - should the dealer pay for repairs?
I bought my daughter a used Vauxhall Corsa (2009l) eight weeks ago. This week it broke down with a clutch problem, which we consequently discovered was a burnt out clutch. We spoke to the dealer who told us we had to claim through the warranty supplied with the car. This, however, did not cover the repair bill as it was classed as "wear and tear".
Do we have recourse to claim the repair bill back through the dealer under the Sale of Goods Act 1979, as the we've owned the car for less than 6 months? If not, do we have any other recourse with the dealer?
Do we have recourse to claim the repair bill back through the dealer under the Sale of Goods Act 1979, as the we've owned the car for less than 6 months? If not, do we have any other recourse with the dealer?
Asked on 25 October 2014 by Terry Graham
Answered by
Honest John
Yes. If the clutch failed within eight weeks of purchase there is every reason to believe that it was already worn on the date of purchase and that makes the dealer responsible for up to six months from date of purchase.
For him to wriggle out of this he would either have to prove in court that it was not already worn on the date of purchase (impossible) or that your daughter is such a terrible driver that she burned out the clutch. Law here: www.honestjohn.co.uk/faq/consumer-rights/
For him to wriggle out of this he would either have to prove in court that it was not already worn on the date of purchase (impossible) or that your daughter is such a terrible driver that she burned out the clutch. Law here: www.honestjohn.co.uk/faq/consumer-rights/
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