The consumer’s issue:
“I purchased a used 17-plate saloon in October 2019 and, shortly after I took delivery, the clutch started giving me problems, so I replaced it. However, only 9,200 miles later, the fault re-occurred, and I was advised that I would have to replace the clutch and flywheel at my own expense.
I was not very happy about this because I had the clutch replaced only six months earlier, but I went ahead and authorised the removal of the gearbox. According to the garage’s findings, the component failed because of wear and tear, and I have been quoted £2,500 for the work to be done.
As a resolution to my complaint, I am looking for the manufacturer to fix the vehicle for free or provide me with goodwill to the value of £1,400 to repair my car. The new clutch should have lasted considerably longer than six months or 9,200 miles, so it must have either been not fit for purpose or it was suffering from some kind of defect.”
The accredited business’ response:
- We advised the consumer that a replacement clutch and flywheel was required, and that this would be at their own cost.
- The consumer was dissatisfied with this outcome due to the fact that they replaced the clutch six months earlier.
- The customer felt this should have been covered by warranty. However, they were advised that a warranty claim could not be made for components that fail due to wear and tear, and it was clear from the diagnostics that the clutch had burnt out, and there was no evidence of a manufacturing defect.
- We applied a goodwill gesture to assist with the cost of labour, and we feel this was a fair and reasonable outcome considering there was evidence to show the clutch failed due to the consumer’s driving style. We are not willing to provide any further contribution.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the evidence supplied, and did not find a breach of the Code of Practice for New Cars.
- The documentation showed that the clutch had burnt out. Whilst the adjudicator understood that the component had only lasted six months or 9,200 miles, the information suggested this was due to wear and tear, rather than any kind of manufacturing defect.
- As a wear-and-tear component, clutches can fail at any time, and for any reason.
- Therefore, in the absence of any technical evidence to show the fault was caused by an inherent flaw, the adjudicator could not uphold the customer’s complaint.
Conclusion:
- The consumer did not respond to the adjudication outcome, but the business acknowledged receipt and accepted it. The case was closed.
