[hportsmouth]

Hi,

I purchased a 2022 Corsa from a dealership in May this year. It had 11,000 miles and had been serviced and MOT'd in the April. I took it to my usual garage today for a health check and they identified the following:

'Clutch slips momentarily under load, then vehicle engine power substantially reduced to avoid further slippage' and advised new clutch at £860.

They also directed me to the consumer rights act as the car had been purchased under 6 months ago and told me to contact the dealership. I have made the dealership aware of the issue and that I urgently require a resolution whilst also making them aware that I know my legal rights. I have done an additional 5,000 miles in 5 months I should add so am slightly concerned they will keep quoting fair wear and tear at me.

how likely to you think I am to get them to replace the clutch? I know the assumption is that the problem was there when I purchased the car but what can they do to try and prove it wasn't as I know it is their responsibility to do so?

apparently I shouldn't be driving my car but I have no choice as I need a car. I also know I'm stuck as I can't get it replaced at my garage as apparently I need to give the dealer chance to rectify. My worry is they will deliberately draw this out!

[Beelzebub]

@hportsmouthYou have reported the problem with the six months, so they can't "draw it out".

However, they will undoubtedly respond that there was no fault present at the time of sale. If there had been, you would not have been able to drive for 5,000 miles. And that the alleged fault is simply wear and tear. I'd be inclined to agree with them.

[olduser]

Find your nearest trading standards office see what they have to say about it.

Generally the 6 months warranty is better cover than the original manufacturers warranty.
It could be argued if the clutch is failing due to a mechanical fault it would be covered but if the clutch is just worn out, it may not be covered.

The counter argument would be, the clutch must have been ready for renewal at the time of sale, and can they prove they tested it?

Having said that, I have not found a case where that has been tested in court.

What can be done?
Get a view from trading standards.
Driving the car in it's present state, clutch slipping, is risking far more serious problems.
If the warranty is not honoured what are you going to do, risk more (expensive) damage or have it fixed?

I think, I would get a formal (letter) from the seller saying they are not going to fix it.
Get it fixed*.
At least that stops the situation getting worse, and the car is usable, and in the end it has to be fixed, then fight it out with the seller.

* Getting it fixed answers one point, mechanical fault or wear and tare?

[NMNeil]

Originally Posted by olduser

It could be argued if the clutch is failing due to a mechanical fault it would be covered but if the clutch is just worn out, it may not be covered.

The counter argument would be, the clutch must have been ready for renewal at the time of sale, and can they prove they tested it?

And the only way they could test it would be to remove the clutch and measure the thickness of the pressure plate, the runout of the flywheel, the condition of the throwout bearing and the spring pressure of the cover.
Totally impractical and you also would need to factor in driving style. Some drivers can get thousands of miles on a clutch, others can destroy a clutch in weeks. (I have 😁)
Finally the Consumer Rights Act will require proof that it was a pre existing fault known to the seller, and all the OP has is another garage saying there's a problem with the clutch slipping under load, yet despite the slipping clutch the OP managed to drive another 5000 miles without a problem.

[olduser]

Or they could be crude like most garages I have come across, stick it in top gear, brakes on, rev it, and let the clutch in - if it stall's chances are clutch is good. (as you can see I have led a wicked life😏)

[Nick]

Did the dealer you bought it from sell the used car with any sort of pre-sale checks included? Many do. If so can you get sight of this? The challenge that you may have is around how far you were able to drive the car for before the problem occurred - as some have already mentioned, Trading Standards, or even your local Citizens Advice Bureau, should be able to give you their read on your situation.