The consumer’s issue:
“My clutch failed when the car was only one year old, and had done only 3,000 miles. It had a full service two weeks before the failure. I was towed into the dealership and they refused to fix it under the warranty saying that it was ‘wear and tear’ and insinuating that it was the way it was driven. If it was my driving, it would have happened with my previous vehicles. I believe the clutch was substandard and should have been repaired under the warranty. I asked the vehicle manufacturer for a refund of the repair. The letter from the manufacturer doesn’t state why they wouldn’t replace it under the warranty as I requested. The old clutch has been disposed of so I could not obtain further evidence.”
The accredited business’ response (the vehicle manufacturer):
- The vehicle was taken into the dealership with juddering and a faulty clutch. It removed the gearbox to try and find a defect, but found the clutch was burnt out, and therefore it was deemed to be wear and tear.
- It was concluded that the consumer’s driving style was the issue as no manufacturing defect could be found.
The adjudication outcome:
- It was decided that there was no breach of the New Car Code of Practice as there was no manufacturing defect found with the vehicle.
- Therefore, the manufacturer did not have an obligation to cover the cost of the repairs under the warranty.
Conclusion:
- The consumer had already had the repair carried out.
- As the customer did not ask for a final decision, and the adjudication outcome was not in their favour, no refund was made to them for the cost of the clutch repair.